All Forum Posts by: Mason Walker

Hey everyone, I am hoping someone can help me out.

I already mailed my previous tenant their security deposit claim letter, but I just realized I left out a couple charges (about $100 worth). I was wondering if it is possible to send a revised claim letter that would void the first one? I am still well within the 30 day timeframe. I couldn’t find anything regarding my question in the statutes or on the internet so I am hoping one of you good people know the answer. 

Also, I am allowed to deduct cost and labor of painting? I had to completely repaint the 950 sqft house because of marks on the walls that wouldn’t wash off and dozens of patches that my tenant did before she left. She only lived there for 2.5 years, and the house was freshly painted before she move in. To compare, I had a tenant before who lived in my rental (diff property, similar sqftage) for 5 years, and I didn’t have to repaint the place after she moved out (just a couple touch ups).

I am located in Miami, Florida and tried to find a solid answer for paint lifespan. The answer seems to vary.

Also, I didn’t take pictures of all the walls before I painted, except for a couple that were very patched up with some kind of putty, so without more proof would I still be able to deduct for paint, if I am allowed to deduct for paint?

Thank you in advance to anyone who can help!!

Hi everyone, I’m in desperate need of advice. I listed a a house for rent a couple days ago and received an overwhelming response. I’m talking a dozen applications and 3x as many contacts in just over 2 days. Half of those applicants are highly qualified and ready and eager to sign the lease. However looking at the market, I’ve realized I have listed the house much, much lower than comparable properties and I suspect this is why I have been flooded with so many prospective tenants.

The property is listed about $300 below market and I want to take down the listing and relist it for maybe $275 higher. My question is, can I legally do this? The applicants have all applied through Zillow so I didn’t take a penny from anyone. I have shown the property to the 6 highly qualified applicants over the weekend.  I realize this may anger most or all of them but I would be taking a loss of $3300 by renting the house to one of them at this far below market price. I’ve tried to do as much research as possible regarding my problem and some say I can charge whatever I like as long as the lease hasn’t been signed but others said I must honor the advertised price. Which is it?

I really don’t want to be sued over this so if anyone knows for sure if it would be legally ok for me to take the listing down and relist it at a higher price, I would really appreciate your input! Thank you!!

Quote from @Nathan Gesner:

Quote from @Mason Walker:

Hi everyone, I just found out that one of my tenants has moved out without warning..or proper notice. He signed a two year lease and as of today has about 11 months left before it expires.

I thought it was strange when he didn’t show up to pay the rent on the 25th (rent is due on the 1st but he always pays early on the 25th) but we did have a small argument a few weeks ago so I figured he was just still upset and didn’t want to pay early this month. Argument was about the lease, by the way. He was trying to violate one of the terms and fighting with me on it. I wouldn’t budge and his attitude got nasty. He cussed me out so I told him I would not be renewing his lease when it expired. He stopped trying to argue the lease and I haven’t heard from him since.

I had to stop by the rentals yesterday to see if the lawn needed to be cut, and I noticed that his car and outdoor decor were gone. I spoke to one of the neighbors and she said that she saw him move out a couple weeks ago, uhaul and all. I cannot see inside the unit as the curtains are shut but the neighbor across the street and my tenant in the unit next to him insists he is gone. They were surprised I didn’t know. He didn’t leave the key and will not answer my phone calls. 

Where do I go from here? In my state I’m pretty sure he needed to give me a 60 day notice, but he just up and left with zero notice. Am I allowed to enter the unit tomorrow? He has paid rent up until today, May 31. Is he responsible for the rent until I find a new tenant since he broke the lease without proper notice? If anyone has gone through this before or knows how I should proceed, I would very much appreciate your input. Thank you!

Confirm he's gone. If he is, send him notice that the lease is terminated, he abandoned the property, he remains responsible for the terms of the agreement until a replacement tenant is found.

Clean, market, and rent the unit. 

Once you have a final bill to include cleaning, repairs, unpaid rent, etc., apply the deposit, send a list of charges and any unpaid balance, and include a demand for payment within 30 days.

He won't pay a dime, so you have to decide if you will go after him or just write it off.

In the future, stick with one year leases. 80% of longer leases will end up breaking the lease and leaving early, so there's no benefit to you. Tenants typically ask for longer leases to (a) get a discount, (b) entice you to skip some screening, or (c) pick them ahead of other qualified applicants. There's no reason to play that game. Charge market rate, rent for a year, renew them with an increase if they meet all your expectations.

Hello, thank you for the advice! He ended up texting me on June 1 to let me know he’s moved out and that the keys are in the mailbox. I have already changed locks, cleaned the place up, and listed it for rent.

So he is still entitled to the remainder of the deposit even after improperly breaking the lease? I’ve seen conflicting answers regarding that question online and I want to make sure. Also, he left some items behind. I have texted him about them but he hasn’t answered. Can I just leave the items in the unit for the new tenant to use? Or do I legally have to do everything in my power to return them to my previous tenant? I can’t believe he would purposely leave such things behind, they look brand new. 

Quote from @Michael Deering:

Send a notice to enter.  Call utilities to see if he turned them off.  If you see the place is empty and utilities have been turned off then send a notice of abandonment.  Also send a 10 day notice to quit for nonpayment.

Keep the deposit and move on. 

Hello. Thank you for your advice. He ended up texting me on the 1st saying he has moved out and told me where he left the keys. Utilities were off when I entered. He left a tv, sofa, & microwave. They look brand new. He didn’t mention these items in his text and I have asked him if he is coming to pick them up but is he allowed to do that? He hasn’t answered me and it’s been 3 days. Since the items are new I am thinking about leaving them there for the new tenant (s) if they want them. But am I allowed to do that?

Also, can I still keep the deposit? He left without giving me any notice in the middle of a two year lease. Does that mean h loses his deposit? Im anticipating the place to stay vacant until June 15. Can I charge him for rent until then? Would that be deducted from the deposit or billed separately?

Quote from @Colleen F.:

@Mason Walker  as people have said notice to enter and move on.  I guess it wasn't a little fight in his mind. This illustrates why the 2 year lease doesn't help you. If you had a one year lease you would likely be expecting and planning a possible turnover now.   When he came over to ask you to change the terms of that lease he had already decided if you didn't he was leaving.  In most states you send the notice to the current property if you they don't give him a forwarding address and do not forget to change the locks ASAP if he is gone. 

Hi, thank you for your input. He has been my tenant for 6 years but requested a 2 year lease last year. He’s been fine mostly but I’ve noticed the last couple years he’s been quite demanding and a bit snobbish. Only reason I agreed to a 2 year lease is because he has always paid on time. But in the future I will not do that again! 

He texted me on the 1st saying he has moved out and they keys are in the mailbox. Place just needed to be cleaned and a few minor repairs. Do you know if I still need to return his security deposit? Also, he left some expensive items behind, but didn’t mention coming back to get them. He didn’t answer my text regarding the items. What if he texts me next month demanding them back?Because he abandoned the property, are the items considered abandoned as well? 

Quote from @Malcomb Stapel:

@Mason Walker hopefully someone more local to you will chime in if they know the specific details in your city. I'm guessing your going to end up pocketing the security deposit and finding a new tenant. You had best get in there soon and see how he left the place. 

 Hello, many thanks for your advice. He ended up texting me on June 1 saying he I had moved out and the keys are in the mailbox. I’ve spent the last 4 days fixing the place up and deep cleaning it. There was only a little damage, but I now have another dilemma. He left a tv and sofa in one of the bedrooms, and a microwave in the kitchen. He didn’t mention this in the text and has not reached out since regarding the items he left behind. He also made no mention of his security deposit.
Do you know if he lost it due to not breaking the lease properly? I have spent hours reading up on my states laws and searching similar cases online but I still haven’t found a concrete answer. Some say the security deposit has been forfeited due to technically abandoning the place and some say I would still have to return what’s left to him.

Also, what about June’s rent? Do I deduct that from the security deposit or bill him separately for that? He gave me no forwarding address. On a side note, I listed the rental this morning and have already received many emails, calls, and 4 applications. I guess I am renting too below market! I’m starting to regret not listing it for more money, I didn’t know the market was so hot and high right now.

Hi everyone, I just found out that one of my tenants has moved out without warning..or proper notice. He signed a two year lease and as of today has about 11 months left before it expires.

I thought it was strange when he didn’t show up to pay the rent on the 25th (rent is due on the 1st but he always pays early on the 25th) but we did have a small argument a few weeks ago so I figured he was just still upset and didn’t want to pay early this month. Argument was about the lease, by the way. He was trying to violate one of the terms and fighting with me on it. I wouldn’t budge and his attitude got nasty. He cussed me out so I told him I would not be renewing his lease when it expired. He stopped trying to argue the lease and I haven’t heard from him since.

I had to stop by the rentals yesterday to see if the lawn needed to be cut, and I noticed that his car and outdoor decor were gone. I spoke to one of the neighbors and she said that she saw him move out a couple weeks ago, uhaul and all. I cannot see inside the unit as the curtains are shut but the neighbor across the street and my tenant in the unit next to him insists he is gone. They were surprised I didn’t know. He didn’t leave the key and will not answer my phone calls. 

Where do I go from here? In my state I’m pretty sure he needed to give me a 60 day notice, but he just up and left with zero notice. Am I allowed to enter the unit tomorrow? He has paid rent up until today, May 31. Is he responsible for the rent until I find a new tenant since he broke the lease without proper notice? If anyone has gone through this before or knows how I should proceed, I would very much appreciate your input. Thank you!