I gave a tenant a five day notice, they are paying through the end of the month tonight but not within the five days, but before I took it to court. (I delayed it going to court because I was trying to spare them extra cost, I really thought they would pay.) Do I owe them back their security deposit? It would seem that by not paying within five days, they broke the lease and I have costs involved in sending that five day notice, and being prepared to take them to court.
And once again, I see where I create my own gray areas by being too nice.
They are only owed the security deposit if 1) they notify you of their departure in advance, as spelled out in the lease and 2) they leave the property in the condition they received it, less minor wear and tear. I don’t know your lease, but under our lease they would have failed on condition #1 for sure, and #2 probably.
Thanks for confirming, I had to reread my lease and the mobile home tenant act. Pretty much there was no way they deserved a security deposit back, and even if they did, it’s not to be used as a last rent payment, I have 15 days to evaluate the property and send it back then. Technically they are paid through the end of this month, although they claim the new person owns it and I only have an application and, have not got results of background check. Good news is that most of my good tenants know the new person and he is a standup guy. I hope it goes through.
I appreciate this forum as a bastion of sanity when the tenants make me think I’m the crazy one.
Two worst tenants (almost) out. 1 mostly paid up and rest tomorrow, and one more marginal one. No pay no stay on those from here on out, I’m waiting for my opportunity. Clean up is exhilarating.