response script when tenant asks for security deposit back early

[Kimberly H.]

I have good tenants that gave me several months notice that they were moving out. Now there is about 2.5 months left, they just read the lease and see that we don't give the security deposit back until up to 45 days after they move out (we have the Illinois State law provision for security deposit return wording in our lease).

Now, there is NO WAY we are giving ANY of it back early, however, I am looking for a "soft", de-escalating way to tell them this, other than, "It's not up to me, this is a company owned property and I am just a manager" in which case they are gonna call my husband, the other manager, and/or press me to get to the decision maker and get them a response, or "We are following Illinois State law" which may encourage them to start googling that, we do follow IL state law, but they could find the City of Chicago landlord-tenant laws which are horrible and get confused that it doesn't apply in Chicago suburbs. In the past there was something they wanted and sent me some obscure law from a province in New Zealand which had to take them hours to find.

They are claiming they need it for the next security deposit. Should I mention that perhaps they should explore a title loan, cash advance, or payday loan (I have no clue how those work)? Offer that they can renew for their lease for another year while they save up money? I think they are wanting to move out because their adult daughter moved out and they want to downsize, I believe between the two of them they make enough to cover 3x rent; I sent them a exit survey for a gift card which they haven't returned.

[Edward Mccracken]

Tell them it usually only takes you a couple of days to get everything back but from what you are saying, NOTHING will change their mind about wanting it back the day they move out.  Their mind is set on they are entitled to it back right away, even though its on their lease.  You are exactly right about Illinois law and how tenants get it confused with Chicago.  I put 60 days on mine but it never takes that long.  

Explain to them if you get the place rented out while they are still in there then it shouldn't be problem getting it back to them asap.  I would start making repairs, scheduling showings and make them show the property and tell them you will give them an additional $100 back if they rent to someone.  I get the shakes when I think of a vacancy.  There are a lot more instructions you have tell them with that.  Right now you have the carrot on the stick.  Start using it!