Security Deposit

[sunnyday]

At the end of a yearly lease tenant agreed to continue renting on a month to month basis and it was verbally agreed that either party could terminate the month to month with a sixty day written notice. Tenant left a voice message on my cell phone in mid April saying she would move out end of May. Then in mid May I received another message saying she was not moving out until mid June. There was no written notice given by tenant nor would tenant return my phone calls. First week in June I posted a letter on the property door stating tenant would need to pay June rent that she could not use security deposit for rent payment. Second week in June received a letter (NOT certified) stating tenant had moved out on June 9th and demanded security deposit. Now she is suing me in court for the SD. I say she owes me June's rent plus utilities plus added expenses for cleaning & replacement keys. Does she not owe for June's rent since there was no proper prior notice i.e. in writing that she was vacating

Since her vebal notice to vacate on May 1st (not all states require this in writing - did your previous lease) said she would be out by mid-June, her exit date could be presumed to be June 15th. She further failed to notify your that she was out of the unit until you received that letter from her. What date did you recieve that letter? That is the date I would use for notifying you that she had vacated and the date I would use for regaining possession of the unit. She owes you rent up to then at least. If your state is a day or day (literal) state, she only owes the pro-rated portion of that month for rent. If your state is a term state (all notices must be given at the beginning of a rental term), she owes for the entire month.

If the unit was not returned in the same condition as when it was rented, you can charge to have the unit cleaned. Whether you can charge for your own labor depends on your state law. Since she failed to return the keys, you can change the locks in the unit and charge her for those as well.

[sunnyday]

Thank you for your response...from what I understand Florida requires two weeks written notice on a month to month. Although, at the end of her signed 1 yr lease we agreed to continue on a month to month with the same terms. At that point it became a verbal agreement to give each other a written sixty day notice should neither wish to end the agreement. She did not give me any written notice until after she vacated which was June 9th and I received it on June 15th. I thought the two week notice should commence on the date it was given i.e. June 9th (mid month) so she would owe me June's rent & utilities plus added expenses of keys, cleaning, & missing items (it was a fully furnished condo). I did advise her in writing on June 6th that she could NOT use her security deposit as rent and assured her the security deposit would be refunded after all the utilities bills were paid at that point she still owed for the past two months. I just hate to go into court and not have interrupted the laws correctly. And I do not have extra funds for hiring a lawyer

She would owe rent until June 30 (the 15th plus 15 days), utilities for -past due and for that period if she was responsible and failed to pay final bills that were billed to you, damages (missing & broken things, cleaning beyond wear & tear), & new lock charges (since she didn't return the keys you have to change the locks). Make sure you send her an itemized statement showing the costs for each and every item within your state's time limit.

You do not need an attorney to pursue her for these costs. You sue in small claims court where attorneys are not required and just show proof that she owed these amounts and failed to pay them.

[sunnyday]

Need some additional advice. Tenant filed a law suit suing me for her security deposit. At the preliminary hearing the judge suggested that I counter sue for rent and utility bills. The tenant hired another lawyer who wants to settle out of court. She has contacted me sent the following letter. "To resolve the case, (tenant's name) agrees that you may retain her security deposit of $3500, and will pay you an additional $500 for the other debt/expenses you listed in your letter to (her first attorney) in exchange for your Release (attached, to be printed, signed and notarized by you).

We will meet tomorrow and exchange your original signed Release and my form's trust check for $500. At that point, we will consider the matter resolved and no further action to be taken.

Settlement does not constitute an admission of liability, but rather represents a decision made in light of the time-consuming and expensive nature of litigation.

Should there be anything in writing as to why this case will be resolved I will have nothing other than the attorney's check. Why do I have to sign a release to the tenant she sued me and wants to drop the case. Should she not be the one the contact the court and release me from her law suit. Thank you,

Simple. The tenant wants a signed release because her attorney has informed her that courts in FL are LL friendly. She knows she would be held responsible for the rent for June (her entire deposit) plus all those other expenses. There may also be a law in your state where you aren't even liable to return the deposit if she fails to provide a forwarding address. (A few states have such laws) So she knows she will lose in court. She knows that a judge there would not look favorably on a tenant who keeps changing her vacate date and that since she never gave any notice in writing, that you could claim never to have recieved any notice. Thus her attorney has told her to settle out of court. I suggest you check the water bill if your area holds owners responsible for the unpaid bills of tenants, to see how much it is before you settle. At the settlement meeting, I would give her a copy of the total charges against her and have her sign that she paid them in full. (So you would have some form too.)