Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
Legal & Legislation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 1 year ago on . Most recent reply

User Stats

4
Posts
2
Votes
Kleyn Lopez
2
Votes |
4
Posts

Should I give back the security deposit if they paid partial rent?

Kleyn Lopez
Posted
I need some advice 

I live in Escondido, CA. I rent an ADU studio for $2200 a month including utilities while I live in the rest of the property with a security deposit of $1000. Because I live in the property and share backyard and garage I created a roomate agreement that resembles a lease but it's not quite.

This month my “Roomates” did not pay their rent. On day 7 After refusing to communicate and work things out with us we decided it to serve a letter to vacate the property within 3 days, which was part of the agreement.

Lucky for us our roomates decided that it worked for them and they’re willing to leave the property by the 3rd day.

My roomates want their security deposit back. They want to pay for the amount of days they owed us (10) which is about $700 and in return they expect their $1000 deposit back. Their argument is that they didn’t choose to leave and break the lease but we serve them the notice to vacate.

I don’t think it’s fair since the agreement was for the $2200 rent to be paid by the first and only after they failed we served them the notice to vacate. My Morgage is $5000 and I had to front load their share of the morgage and likely next months as well.

Should I take their $700 and keep the security deposit? Should I not take their $700 and just keep the security deposit. Should I take their $700 and give them their security deposit back?

What’s the right thing to do?

  • Kleyn Lopez
  • Loading replies...