Keep deposit if tenant breaks lease?

Question

My tenants got divorced and couldn't afford to pay the full rent.  Over the phone I said I would accept a smaller amount, knowing I could deduct it from their deposit.  This is legal correct?

Also, I just found out they have pets and the property has a strict no pet policy. The lease does not state they will be fined if they bring a pet on without permission nor did it list any amount for a pet deposit, since no pets are allowed.  So the agreement does not state how much they would have pet for a deposit if they were allowed or if they would be fined for having one without permission.

Since they broke the lease in two aspects, can I legally keep the entire deposit?  Or just the difference that I was shorted in rent and the cost to have the carpets and tiles professionally cleaned due to the pet mess.

Thanks for your advice!

Jeff McCaskey · Answer

@Lisa Carpenter

To be honest i am not familiar with the AZ landlord tenant act and its provisions. Nor am I familiar with exactly how extensively written your lease may be.

However, I set up my lease carefully though I did not personally have it written via a lawyer - but my lease is clear and lengthy and if a tenant violates a provision I can declare the lease null and void and end the relationship.

In most cases I will discuss an issue and attempt to resolve it politely especially if they have been on time with payments and have had little other trouble. If a person has obviously been taking advantage of all the small ways they can push the limits then they are quickly handed a letter discussing the problem and the lease agreement provision(s) and given a 3 day pay or vacate or just a vacate notice. Relationship over.

In the case of anything that prevents them from paying the rent, there is always a reason of course and that should be discussed even if a landlord is not fond of a particular tenant. In my mind everyone deserves the chance to be heard - the first time anyway.

If it's a problem with a solution then great and it can be fixed and we go on about our business together.

If they can't pay and there isn't a solution to the problem (resolving little things not big ones) then I basically tell them in a polite manner that whatever their problem is, I am not responsible for it and they should not make it my problem. I agree to provide A B C D etc in exchange for a fee. I am not a marriage councilor, a quick cash business, bank, humane society etc etc.

I say all this to make the point------- Have a lease    Stick to it       Be firm     Don't make concessions     It's an agreement/contract       Hold them accountable     They are an adult      Don't accept a reduced rent because you feel bad for them - this is a business not a charity.

Because you accepted some sort of payment of rent you may not be able to count this month as violating the lease on the rent amount - you will have to check state and local laws.

On the pet provision that was broken, you should be able to give them a 30 day vacate notice for violating the lease agreement. Again check with local and state laws. Search for the landlord tenant act for your state and read through it, many answers should be in there.

Lisa Carpenter · Answer

There lease is up end of March, so I am just riding it out.  Seeing as how that is when the refund of security deposits is brought up, I wanted to check.  Thank you for all your input.

Nazz Wang · Answer

What does your lease say about early termination? Stick to that.

Beware because you might not have enough security deposit to cover lost rent and cleaning. So the best thing would be to try to get them out of the property as soon as you are able, clean it and re rent it. They are technically liable for the entire rent about until lease term, so technically they will have to pay you. But more often than not, it is cheaper and easier for landlords to just cut their losses and move on to find a good tenant who pays. People staying at a place they don't want to stay are more likely to kick doors, slam fridges, drag a chair across the beautiful hardwood floor, you get the idea.

Plus, these people are messy if you can smell their pet in the house. I'd say get them out and find new good people without pets.

Eva Salas · Answer

I agree with @Kyle Hipp Agreeing to a lower rent and then taking it out of their sec dep is not dealing with them in an honest manner, unless, of course you told them they could pay less and you would deduct that portion from the sec dep.

As far as cleaning goes, get that place spic n span...on their dime!!

Kyle Hipp · Answer

you can charge for damages above and beyond normal wear and tear. As for the rent, if you agreed to a lower amount then you agreed to a lower amount. You can't just take it from their security deposit.

Lisa Carpenter · Answer

Yes, there are obvious soil stains, the entire house has a very strong smell as well.  Not only will I have to get a high quality carpet cleaner, but the tile and grout will need to be cleaned as well.  I found out  there was a pet, due to the smell (she had a friend hide it while we came over to install a new oven).

Dawn Anastasi · Answer

Was there pet mess?

Keep deposit if tenant breaks lease?

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