refund security deposit or not?

[Shannon Trivett]

On March 13th my tenant told me his intention to purchase a home. His 6 month lease was terminating on the 31st and he wanted to know if he could hold over on the weekly bases. 

when I questioned it he countered with  "or do the month"

later he informed me he would pay April. 

I was able to schedule an open house for the 21 and 22nd. At the end of the OH tenant verbally informed me I could not have anyone thru the following weekend because they intended to move all their stuff out to avoid paying for April. 

I have not been able to show the apt. since the open house and I've gotten many calls. 

Sunday evening he also informed me there is a broken storm window in the bathroom. presumably a neighbor kid hit it  with a stray shot form a bb gun.

1. how would you handle April rent?

2. what about the storm window?

Thanks

[Richard C.]

I'm not really sure I follow the moving date issue, so I will leave that alone.

A storm window broken by a neighbor kid is the landlord's responsibility, not the tenant's.

[Larry Turowski]

@Shannon Trivett The security deposit can be used against unpaid rents and my lease contract specifically states this.

[Lew Payne]

Assuming you have a rental or lease agreement, any time a tenant communicates with you regarding something that potentially modifies the lease, your response should be that, "Per the lease, modifications are invalid unless in writing and signed by both parties.  For your protection and to avoid any misunderstandings, please provide me with a written proposal to review - as soon as possible."  In addition, follow that up with a letter reiterating what you said.

I only text my tenants to inform them of the need for a contractor to enter the premises, or for work that is going to be done outside the premises. The more a tenant resists courtesy notices, the more formal I get in my communication with them - to the point where I'm citing conditions of their contract with each request (e.g., "Pursuant to section 10.3(a) of your rental contract, you are hereby given the required 24 hours notice that remediation of a window leak will commence on the premises by Acme Construction, LLC. Should Acme not be able to access the premises, I will escort them in pursuant to section 10.3(b) of your rental contract. Should you have any questions regarding your contract, feel free to address them in writing."

[Shannon Trivett]

Originally posted by @Lew Payne:

Assuming you have a rental or lease agreement, any time a tenant communicates with you regarding something that potentially modifies the lease, your response should be that, "Per the lease, modifications are invalid unless in writing and signed by both parties.  Please give me a written proposal to review - as soon as possible."  In addition, follow that up with a letter reiterating what you said.

 up until this time I've been relying on our text communication to form as "written notification"  

the lease was up. I'm just not sure I have any right to hold some or all of a months rent due to him texting me he would pay all of April.

[Shannon Trivett]

Originally posted by @Larry Turowski:

@Shannon Trivett The security deposit can be used against unpaid rents and my lease contract specifically states this.

 Mine does too.  This question is more of, "am I entitled" to rent based on our text correspondence. 

[Larry Turowski]

I would say so.  There is also generally a holdover close, saying the rent will be month-to-month at the end of the lease if the lease hasn't renewed.  He gave you no indication that he'd be leaving at the end of the lease.  Not to mention he did clearly indicate he'd be staying beyond the lease.  He owes another month's rent.

[Thomas B.]

Did your lease automatically become month to month after the initial term? Did your lease require 30 days written notice? If so, based on what I have from you, it does not sound like your tenant gave full notice to me. At that point they would be responsible for all of April rent or until I can get it rented which ever comes FIRST. 

I would not release the security deposit until this issue was resolved and the property can be inspected.

[Shannon Trivett]

Normally I hold over mo to mo but his lease was written to term on end date unless extended. 

if he had just told me on the 13th he was leaving I think it would be pretty cut and dry but since he indicated he'd pay another month I am under the impression I could/should charge him.

[Lew Payne]

"You may continue to rent the premises on a month-to-month tenancy, subject to a 30 day termination notice.  As I am not an innkeeper by definition of law, I must refuse week-to-week tenancy."