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Updated almost 3 years ago on . Most recent reply

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5
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Alana Adcock
  • Flipper/Rehabber
0
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5
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Tenants separating and moving out early, deposit is in question.

Alana Adcock
  • Flipper/Rehabber
Posted

I can't seem to find this info anywhere else, and I'm curious if any of you have encountered a similar situation. I have had a family in a property for a few years now, on a month-to-month lease since moving in.  They are now splitting up and court orders are involved due to a domestic violence situation. I didn't ask for details when speaking with the wife, but my understanding is there is a restraining order and other court protections now involved. My question is this: in the lease, a 30-day notice is stated prior to moving or changing any parameters of the existing lease. Given the current circumstances, the wife is leaving by the end of the month (only 2 week notice), and the man is already gone. I do know that in instances of domestic violence, sometimes the 30-day requirements in a lease are overridden, which is fine with me. I get that. I just don't know what to do with the deposit. Since there is a domestic violence legality issue here, would they get it back despite being under 30 days notice? Or do I still keep it? Do they get a prorated amount back (assuming there is no damage, final inpection is pending). I made a call to my attorney and he said he'd have to do some research and get back to me. I'm sure this has happened before, but I'm only a few properties in, so it's new to me! Any advice is appreciated.

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