All Forum Posts by: Kathy Nguyen
Kathy Nguyen has started 1 posts and replied 4 times.
Post: tenant demand pet deposit to be refund
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thank you everyone
Post: tenant demand pet deposit to be refund
- Posts 4
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Quote from @JD Martin:
Refund the money and be done with it, and put better language in your future contracts. Whether it was a typo or not makes no difference if you have to go to court, and for a lot of tenants $300 is worth finding a tenant advocate lawyer and suing for 3x the deposit. You should have had an estoppel letter when you bought the property ascertaining what was paid, and you should have collected that deposit escrow from the seller.
Are you getting screwed here? Probably but it's a learning opportunity. $300 shouldn't make or break you either way and it will teach you to compose good leases.
Lucky I made them signed a lease amendment stating that Tenant A and Tenant B releases all claims to the Security Deposit and any other monies held Landlord. Tenant A and Tenant B are the one who moved out. Tenant C remained. Now I just need Tenant C to signed addendum stating that "The pet deposit may be used by management/manager for any damage related to the pet(s) and for ANY other monies owed by resident under the terms of the lease and for physical premises damages, whether pet related or not”. Any recommendations for that legal term.. Thank you
Post: tenant demand pet deposit to be refund
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Quote from @Nathan Gesner:
Quote from @Kathy Nguyen:
Lucky I made them signed a lease amendment stating that Tenant A and Tenant B releases all claims to the Security Deposit and any other monies held Landlord. Tenant A and Tenant B are the one who moved out. Tenant C remained. Now I just need Tenant C to signed addendum stating that "The pet deposit may be used by management/manager for any damage related to the pet(s) and for ANY other monies owed by resident under the terms of the lease and for physical premises damages, whether pet related or not”. Any recommendations for that legal term.
Unfortunately, the language is confusing. It says non-refundable in one place and refundable in the other.
Were all the Tenants on the same lease? Or did they have separate leases? If they were on the same lease, the deposit stays in place until all tenants are out. I recommend you tell them the deposit will not be refunded until all three tenants are out so you can determine any damages and whether the deposit will be applied to cleaning/repairs or refunded.
Post: tenant demand pet deposit to be refund
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I have a unit that has three tenants lived in there. 2 tenants vacanted and the third one decided to stayed. One of the girl, who vacated made a pet deposit of $300. On the pet deposit agreement stated that pet deposit is non-refundable. She moved out and now she demand refund on the pet deposit. I told her pet deposit are not refundable but she said in the pet agreement stated it is. But one of pet agreement section stated:
NON-REFUNDABLE PET DEPOSIT: Tenant will pay a one-time refundable pet deposit of $300.00 if there is no damage in order to have the pet in the unit. ( This section is confusing. But I think where "Tenant will pay a one-time refundable pet deposit of $300.00" used to be non-fundable but somehow the "non" word got taken out or there's a typo)
3. NO LIMIT ON LIABILITY: The additional security deposit, non-refundable pet deposit in the amount of $300.00 under this Agreement is not a limit on Tenant’s liability for property damages, cleaning, deodorization, ridding unit of fleas, replacements, and/or personal injuries set forth below.
Both contract and the tenant are inherited from previous owner. The seller didn't pass on the non-refundable pet deposit. Also I can't do a throughly inspection bc one of the tenant is still there. How should I approach this dilemma?