Returning the Deposit

[Becca Summers]

I recently had a tenant break their lease and move. How my lease reads is breaking the lease will result in loss of deposit. I told him if he kept the property clean and I was able to rent it before he moved he could earn his deposit back.

Day after I told him this his daughter kicked in a door causing $300 in damage to be repaired. I told him because this was beyond normal wear and tear he would be responsible to which he responded for me to take it out of his deposit. He also killed parts of the lawn with weed and grass killer. I haven't gotten the bill from my landscape yet on that repair.

Because of the door jam repair I wasn't able to rent the property out immediately after they moved out and had about a week of vacancy and lost rent.

The question is, do I charge the deposit for the door jam and lawn then give the rest back or because there was lost rent keep the full deposit for breaking the lease. I want to be kind but fair.

[Marcia Maynard]

Fair deductions from a security deposit may include:

* Missing Items

* Damages

* Extra Cleaning

* Unpaid Rent

* Unpaid Utilities

* Unpaid Fees (including unpaid late fees, unpaid contract violation fees, unpaid posting fees, unpaid lease break fees, etc.)

Do follow what is required for your jurisdiction and what's allowed by your lease agreement. Carry through on your promises as well, but be careful what you promise. Giving him the incentive to earn his deposit back by leaving the place clean, without damages and ready to rent, was a good strategy. But don't sell yourself short; be fair to yourself too. Don't delay in doing your final accounting; get it done within the timeline the law requires.