All Forum Posts by: J.N. Miller

Update to my post:

 I kept him on, and the last day when the job was completed, I discovered money and tools missing, and so was he.  -maybe people can change, but he proved once a thief always a thief-- 

. My question seems to be misunderstood:

(1) the tenant gave legal written notice per the lease & Washington state landlord tenant law.-

(2) With the written legal notice the tenant wrote ," I will be out on the 14th in full with all cleaning done, utilities notified. I am only paying for the 14 days I will be in the rental  , check enclosed."

My specific  question  is :  can I  deduct the unpaid rent from the damage security deposit. ?

Thats exactly   my issue--deducting  unpaid two weeks rent  from the security deposit . Legally we are supposed to try to  re rent,  which we are, but mid November is not a good time in Northwest winter to rent in our experience. If I were to rent it, the law requires that we pro rate back the rent, as you cannot legally collect two rents--right now I feel its ok to take unpaid rent out of the damage security. A month to month rental contract is exactly that-an agreement to pay the month, she arbitrarily without our consent  sent two weeks rent with a note that said "I'm only here two weeks so that is all I am paying" we did not cash the check.  

Our leases specify the legal notice required, that is not the issue-legal notice was given. the issue is that the tenant only paid for the days she was in the rental moving and cleaning., not the entire rent amount. I don't agree about m to m leases, because if a tenant has a locked in lease term or month to month, if they want to leave that is exactly what they will do.  We have a lease breaking fee in our leases. And have charged it.  This. Is a non payment.    Of.   Rent.  Issue. Where tenant arbitrarily  did. Not. Pay. Because they were only in house two weeks.

They were on a month to month for last two years--  the Seattle Tenants website that  advises tenants stated :  if a tenant vacates mid month they  are liable for the entire month rent--UNLESS the landlord agrees in writing  the tenant doesn't have to pay the entire month. If landlord does not agree then  the tenant OWES the entire month regardless of them not occupying.   IMO Unpaid rent is a damage to the landlord, in that it is  monies  the tenant  contractually agrees to pay and  doesn't--in addition we also have additional expenses  of water, electric,..in winter so they are high.

Tenant gave legal  notice to vacate , BUT only paid for two weeks(left on 14th & paid to 14th) paid $700 out of $1400 rent. -- .  I intend to take the remaining two weeks out of her damage/security deposit and refund everything else as the house is fine minus normal wear and tear.

How would other landlords handle this? Im in Washington state.

This happened to me. Very lovely woman with nice children-I liked her & wanted to rent to her. THEN, the credit background check came back--Evictions, bankruptcies, lawsuits --she swore it was her Sister who" STOLE her identity". she was a professional scammer, --they know the game and play it very well--

I would be careful because there might be an issue with your tenants NOT having the rent-- also if another person starts paying the rent, on a consistent basis I would  make sure  the tenants have not sub-leased your property .   

appreciate the feedback--while I believe in second chances, the fact that he ignored the caveat on our ad of "don't respond if you cannot pass a background check", indicated to us that he was ok in being deceptive--even if it was to prove himself as a good worker so we would overlook the criminal aspect--I feel that having him around  increases our liability for a lawsuit, and if something Actually DID happen, we had knowledge & put our tenants and their security at risk---PS--asked our attorney & he said get rid of him, so that is the plan--

I ran a criminal check on a workman  recently hired & found out he is a convicted felon & was in prison until 2011 ( crime-identity theft). Our ad specifically said do not apply if you  cannot pass a criminal background check.   He is a good worker, but I am very concerned about having him work on occupied properties (so far I have only had him do exterior yard work on vacant houses)--   When I confronted him  about what we found, he said that I was happy with his work so why am I concerned about lhis past & doesn't everyone deserve a chance, etc.

What would other landlords do?