Ok, I want to ask you all something that gets me! If you rented a house, you put up your deposit, pay your bill on time. You are asked before you move out to give the landlords a 30 day notice. You find a house that you want to buy. You call the landlord 2 weeks before you are ready to move out. You move out, take all your stuff. You don't clean a thing. You then call the landlords and want your deposit back. You argue with the landlords that the contract didn't say a thing about cleaning the house before you move. Do you think that the renters should get the deposit back?? Please give me your honest opinion!!!
Whenever we used to rent I had to leave it clean if I wanted our deposit back.................and STILL didn't get it part of the time lol
Did you have a contract with the renters?
I would want to know exactly what the contract and more specifically the Deposit clause says before answering that.
Below is some information on:
Security Deposits and Cleaning deposits:
When landlords can keep the deposit, and when it must be returned.
The lease should clearly set out the requirements for the tenant's security deposit. A security deposit is almost always a good idea when you rent an apartment or residence. This deposit is designed to ensure that the tenant lives up to the promises made in the lease agreement. If the tenant breaks the lease or causes excessive damage to the rental unit, the landlord can use the deposit to offset the additional costs that result.
It's important to note that the security deposit is not intended to serve as a substitute for rent. Many tenants think that they can skip their last month's rent payment and have the landlord use the security deposit as compensation. In fact, some state laws actually prohibit a landlord from applying a security deposit toward unpaid rent.
State laws that regulate security deposits in residential rental agreements vary so widely that it's impossible to describe them all in detail here. In general, however, these laws regulate the maximum amount that can be charged as a security deposit, and they can also restrict the landlord's use of the deposit. For example, most states require that security deposits be placed in escrow, and some states require the landlord to place the deposit in an interest bearing bank account, and pay the interest to the tenant. When the tenant moves out, the landlord is required to either return the deposit within a specified period of time (such as 30 days) or notify the tenant in writing why all or some of the deposit is being withheld. The landlord may be legally required to provide the former tenant with an itemized list of the damage claimed.
If a former tenant disputes the damage claim, a trip to court may be required to settle the matter. In many states, small claims court will be the court with jurisdiction over a security deposit dispute. If the court finds that the landlord was not justified in keeping the deposit, some states can require the landlord to pay a sum equal to two or three times the actual amount of the deposit.
Besides a security deposit, some landlords also charge a non-refundable cleaning deposit. This deposit is used to cover the cost of painting, carpet cleaning and other expenses the landlord will incur when the tenant leaves. If the landlord accepts pets, a pet deposit may also be required to cover the expense of removing pet stains and odors from the rental unit when the tenant moves out.
Quote from: angtown3 on October 22, 2008, 07:29:31 AM
Ok, I want to ask you all something that gets me! If you rented a house, you put up your deposit, pay your bill on time. You are asked before you move out to give the landlords a 30 day notice. You find a house that you want to buy. You call the landlord 2 weeks before you are ready to move out. You move out, take all your stuff. You don't clean a thing. You then call the landlords and want your deposit back. You argue with the landlords that the contract didn't say a thing about cleaning the house before you move. Do you think that the renters should get the deposit back?? Please give me your honest opinion!!!
Being that i was raise to give something back that i borrow in better shape than i got it in if at all possible, no the renter should not
get their deposit back if they don't clean.
QuoteDo you think that the renters should get the deposit back??
Nope - at least not all of it.
The renters did NOT give the 30 day notice and they probably did not leave it as clean as or better than they found it.
So it would depend upon how much cleaning you have to do.
I do have a contract. I do know that I will now, make a more specific contract. Just because normal people see things different than people that are just trying to con you. But I do have to say that Jeff talked to Tina Hubble about our situation last night. She stated that it is hard for either party to win in a situation like this. We have agreed to give them some of it, but that is after we get the carpets and the floors cleaned and we take that off of the deposit.
ANGTOWN3, that is a fair compromise and you should be entitled to reasonable cleaning expense. Being a landlord is a tough situation and you meet all kinds of people. I am impressed that you young people are working so hard and also investing in rental property. I know your husbands family well and they are hardworkers. Louie and Gracie have always been favorites of mine. You may want to add wording to cover a "Cleaning Deposit".
I was thinking about that this morning. I don't like being a landlord. It is very stressful. I know that it is an investment, but to tell you the truth, it will be alot better if we could get really nice tenants.
Quote from: angtown3 on October 22, 2008, 10:43:15 AM
I was thinking about that this morning. I don't like being a landlord. It is very stressful. I know that it is an investment, but to tell you the truth, it will be alot better if we could get really nice tenants.
I understand, however most investments have a certain amount of stress. Rental properties have the people factor that can be the worst part of being a landlord. The depreciation tax break is a big plus and if you keep properties long enough to payout you can build a nice retirement nest egg from them. That is always each to his own, hopefully you will get a good renter next time.
please tell me what a good renter is like
Quote from: twirldoggy on October 22, 2008, 11:47:10 AM
please tell me what a good renter is like
A good renter is one that takes pride in the home and surrounding property where he/she lives. They take care of the property because they want to keep it looking good for their image and family. When Myrna and I were first married we rented properties and we painted and papered the insides, I fertilized the yards, keep the shrubs trimmed, we were even more encouraged to do so by the owners, neighbors and friends. It didn't take us long to know that we didn't want to rent and keep up properties for others, we wanted to do it for us.
I think you have to screen your renters some and once you decide to rent to someone make it known to them that you want/ almost demand that they keep the property up both inside and out. Raise your deposit and be more specific on what the conditions are for the renter to get it back.
Do a walk through with the renters when you rent to them and both you and the renter agree on blemishes, problems, existing damages and document same, then when they move out it elliminates arguments on what was there when they rented and what damages they done while renting.
We were good renters too! I am a clean-freak so of course, the house was taken care of. It was a beautiful home, and it was Billy and I's first home together. We were proud of it. We kept the yard and property clean and mowed.
When we moved out, it was at the end of the month, even though our new house had been ready for weeks. We cleaned the house thoroughly and left it just as we found it. Except for a new shower curtain!
I think in a small town word of mouth may be the best way to screen possible renters. Look at the past properties they've been at. And be stern on your rules.
Angie, I know that you told the last renters you didn't want any animals in the house. And then I remember you telling me they had a dog and cats - of which you had learned later on. For that alone, I wouldn't return their deposit. And also the fact that they left before the 30 days was over.
Angie, I had a renter evicted for having animals after I specifically said no pets. The animals happened to be pit bulls and one of them threatened my son in law. I hadn't required a deposit because I was trying to help the less fortunate but I learned my lesson. The rent they paid didn't cover the expense of cleaning up and repair.
I think you are justified in keeping the deposit, but it will have to be done according to what the contract said.
Angie, if renters having animals is a problem have the no animals clause reworded to say NO ANIMALS, IF RENTER VIOLATES THIS CLAUSE, THEY WILL BE SUBJECT TO IMMEDIATE REMOVAL WITHOUT ANY CREDIT ON RENT AND WITH NO DEPOSIT RETURNED TO THE RENTER. This might help you to avoid this problem in the future.
Angie, you have a legitimate problem here and some of the answers you have gotten are good and some are questionable. The best answer you can get is "talk to an attorney and know legally what recourse you have as well as any rights the renters' would have". Lots of times it's not just black and white.
This is a problem with the area that we live in. Most folks who would be good renters can buy a home, as they are already steady in a job, pay their bills etc,etc. Plus propertys here are inexpensive compared to propertys in larger towns, and home loans are not that difficult to get through the local bank.
That leaves only a few left to rent a home; those are mostly people who are not successful in their lives for one reason or another. It is imperative that a landlord have a rental agreement spelling out what is expected. In your case, I would not return the deposit, but would offer a letter of explanation (registered of course). If the former renters have a problem with that, they can sue in small claims court. In that case, you have your signed rental agreement and a copy of the registered letter sent by you. Also a cost of clenaup is necessary as well as any damages. You may want to review your agreement for future renters. ;)
Everyone has given very good advice on this subject. I used to be a renter for many, many years and many, many different properties. I lived in 7 different places in the 6 years I was in college. It's not that I got evicted, but I either changed roommates or the rent got too high. And then my 4 years in KC, I lived in 2 different apartments.
From a renter's perspective, I would say that the contract should spell out what would constitute not getting your deposit back. Some of my apartments had a non-refundable deposit. Some had only a partial refundable deposit. Some had a fully refundable deposit IF the final walk-through inspection was passed (cleaning, damage, etc). Also, a separate pet-deposit was required in places that allowed pets (which was usually NEVER refundable). The pet part of the contract also indicated how many and a size/weight limit. I ALWAYS got my deposit back (that which was refundable), and I left the apts cleaner than what I found them... but I don't think my brothers ever did! Most of the time, the amount of the deposit was a full month's rent, and it was NOT to be used for the last month, either.
In college, I mostly lived in houses. Some of them also required us to mow the lawn (and they provided the lawn mower), and some landlords did it themselves. One place provided the lawn mower and then discounted our rent if we kept the lawn mowed (and it specified how often, or a grass length).
The beginning and final walk-throughs are essential; for the renter and the landlord to go through the house together and determine what is already broke/stained, etc, and then was damage was caused by the renters at the end. Also, some agreements stated that the landlord could do a walk-through at any time throughout the year, but had to give the renters 5-day notice.
I had a landlord who let me out of my agreement 6 months early because I didn't like my roommates (they were sophs and I was a 1st year grad student), and they gave me back all my part of the deposit. (The agreement was with each person separately; not under one person's name, which was unusual.)
I'll look through my old stuff; I think I may have thrown all that away already, but I might be able to find an old renter's agreement from previous apartments. If not, I know the ranch has rental properties and uses a rental agreement, so you might be able to get a sample from them.
With a homegrown contract, what's "implied" in a rental agreement is not always "legal". The safest thing to do is have a "legal" contract drawn up by an attorney, covering all bases that protects both you and the renter and then use that contract from then on. Do you have signatures on your contracts notarized? Something else to think about.
Since state and local laws are very different and I think everything I could say has been said by someone in the posts. I can suggest looking at Nolo Press they have great books on the subject and lots of free info on their website.
http://www.nolo.com/articleByCat.cfm/catId/5944A0DA-71B3-49EA-BF5D300558FB66A9
David
Angie, did you think to take photos of the dirt? It would be easier if you had a tighter contract listing exactly how things were to be left in order to have the deposit returned.
To rent or not to rent that is the question.
If you don't want to police the property and the tenants than don't be a landlord.
You should have been nicer landlord and offered to help them move.
...Sometimes things fall out of the back of the truck.
PEP RULZ
The Kansas Residential Landlord Tenant Act is the governing document in Kansas. It's long however if you intend on being a landlord for any length of time I would recommend reading this.
http://www.kshousingcorp.org/display/htcc_man/htccman_14.pdf
Pertinent
58-2504. Termination of tenancy
at will; notice. Thirty days' notice
in writing is necessary to be given
by either party before he or she can
terminate a tenancy at will, or from
one period to another of three months
or less; but where in any case rent
is reserved payable at intervals of
less than thirty days, the length of
notice need not be greater than such
interval between the days of payment:
Provided, however, That when premises
are furnished or let by an employer
to an employee, said tenancy shall
cease and determine ten days after
written notice to vacate: Provided
further, That not more than fifteen
(15) days' notice in writing by a
tenant shall be necessary to
terminate any tenancy as described in
this section of persons in the
military service of the United States
in which the termination of tenancy
is necessitated by military orders.