Registered: 1470324727 Posts: 1
Reply with quote #1
Hi, I'm a new landlord so bare with me. I'm in MN, I have read the handbook repeatedly and I still can't seem to find my answers.
I had a tenant move in a month ago, on July 28th she told me she would not be paying August rent and is vacating the property. She signed a 12 month lease, provided first months, last months, and damage deposit. She has failed to pay $200 left over from what she owed for July. So clearly that will be deducted from the damage deposit. Concern 1-A fellow landlord told me legally I can keep the damage deposit because she broke the contract. Help? True, false? Handbook and statures I've read do not specify. Concern 2- She claims she does NOT owe August rent but contract says 30 days notice is required...which brings her into August. She is demanding her last months rent (which pays for August) and her damage deposit (-$200 for owed July rent). Now I live 2 hours away, it is pretty upsetting that she fully expects me to have the house rented to a new tenant in a matter of days. She failed to clean the house, left a couch, broken furniture in the back yard, a car in the garage, and scratched the new flooring up pretty bad that was just installed 2 months ago. Legally she is responsible for lost rent regardless because I can not rent it like it sits right now and a few days doesn't give me enough time to do it all. Concern 3-MN law states Damage deposit is to be given prior to 21 days of ended contract....so does that put me at September 21st? or August 21st, keeping in mind she is liable for August rent due to lack of 30 day notice. This is if Concern 1 is true. Much thanks, I would appreciate any fellow MN landlords help. I suck at landlording. The house is so cute, up to date, it's just a lot to deal with such little available time and very little experience. It is for sale, renting it was just to pay the mortgage on it until it sells. Landlord not by choice lol. __________________ AAnderson
Registered: 1415137586 Posts: 314
Reply with quote #2
21 days from the date she moves out. if your lease does not provide for early lease termination (keeping deposit), you can not keep it for that.
she owes Aug rent (gave notice on 28 July). but you already have that. you can charge to disposal of all items left, including getting rid of car. you can keep the 200.00 she shorted you on rent. you can charge her to redo the new floors. if she just moved in, you can charge her rent till you re-rent it....you Must try to rent it. take all the pics you can of things left, condition of home and damages
Registered: 1469588926 Posts: 8
Reply with quote #3
If you have specified in your written contract this or similar clause:
that security deposit or damage deposit shall be forfeited in favor of or to the landlord upon breach of contract or early termination of the contract by the tenant
Then surely you have a strong legal stand.