Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 2 years ago on . Most recent reply

User Stats

5
Posts
0
Votes
Alana Adcock
  • Flipper/Rehabber
0
Votes |
5
Posts

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.

Loading replies...