Leaseback Deposit !

Dallas, TX · Member since 2015 · 39 posts · 3 votes

Hello !

My client closed on his home three weeks ago.

The seller had a lease back for two weeks. When they moved out they left furniture and a lot junk all over the home and the backyard.

Can my client use some of the money from the lease back deposit to pay a trash /junk removal company even though its not in writing that the seller had to leave the home in a clean condition ?

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Andrew SteffensBusiness Member

Tampa, FL · Member since 2022 · 3k+ posts · 3k+ votes

Quote from @Christian Garcia:

Quote from @Andrew Steffens:

Who is holding the deposit?

The standard FL contract does state it has to be left free of debris etc and in broom swept condition so here it would be a breach of contract.

I would try to collect on it for sure.

HI Andrew! my client (buyer) is the one holding the deposit. We have pictures of all the junk left behind.

Oh ok got it. A lot of times here in FL the title company will retain the deposit. Since your client already has it I would notice the seller of the intent to retain a portion of the deposit. If they want it back likely their only recourse is small claims court. Probably not worth it for anybody and I feel based on what you have said being true, they deserve to be docked part of the deposit. Obviously I am not an attorney and certainly not well versed in how things are done in TX but I think you are good!

[email protected]813-563-0877

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Andrew SteffensBusiness Member
Tampa, FL · Member since 2022 · 3k+ posts · 3k+ votes
3y
Who is holding the deposit?
The standard FL contract does state it has to be left free of debris etc and in broom swept condition so here it would be a breach of contract.
I would try to collect on it for sure.
[email protected]813-563-0877
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Michael BaumPro Member
Olympia, WA · Member since 2016 · 8k+ posts · 7k+ votes
3y
Agreed. You should be able to keep a bunch of it to cover the clean up.
Plus you should be able to just list it all for free on Craigslist and people will come and take all the good stuff right away. That would lower your hauling costs.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Quote from @Christian Garcia:

A well-written contract has a lot of value! In the future, you can protect your client by writing a quality agreement that specifies how they should leave the home and the penalty for not abiding.
If the contract doesn't address this, your client will expose themselves to liability if the seller decides to push back. I recommend you get the backing of your Broker before doing anything.
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Christian Garcia
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Dallas, TX · Member since 2015 · 39 posts · 3 votes
3y
Quote from @Andrew Steffens:

Who is holding the deposit?
The standard FL contract does state it has to be left free of debris etc and in broom swept condition so here it would be a breach of contract.
I would try to collect on it for sure.

HI Andrew! my client (buyer) is the one holding the deposit. We have pictures of all the junk left behind.
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Andrew SteffensBusiness Member
Tampa, FL · Member since 2022 · 3k+ posts · 3k+ votes
3y
Quote from @Christian Garcia:

Quote from @Andrew Steffens:

Who is holding the deposit?
The standard FL contract does state it has to be left free of debris etc and in broom swept condition so here it would be a breach of contract.
I would try to collect on it for sure.

HI Andrew! my client (buyer) is the one holding the deposit. We have pictures of all the junk left behind.

Oh ok got it. A lot of times here in FL the title company will retain the deposit. Since your client already has it I would notice the seller of the intent to retain a portion of the deposit. If they want it back likely their only recourse is small claims court. Probably not worth it for anybody and I feel based on what you have said being true, they deserve to be docked part of the deposit. Obviously I am not an attorney and certainly not well versed in how things are done in TX but I think you are good!
[email protected]813-563-0877
Vacation Rentals of Florida53 Reviews
Website View Page
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Jerel Ehlert
Attorney · Austin, TX · Member since 2014 · 890 posts · 759 votes
3y
First, check the lease. There should be *some* clause about being left "broom clean".
For massive junk removal, hire a professional and pay from deposit. Remit balance to forwarding address within 30-days with itemized deductions and invoices. Don't try to do it themselves and deduct. That way leads to liability.
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