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blucoondawg

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Posts: 19
Reply with quote  #1 

We have a problematic tenant in our duplex, she is an older lady whom is somewhat of a recluse and extremely eccentric.  She complains about every little thing then throws a bloody fit when we contact her about having myself or a worker come by to make repairs, last time she went borderline psychotic on my mother when she stopped by to tell her of a plumber who was coming by to address a leaky garbage disposal.  I want this woman gone but my mother feels she cannot evict her just based on her personality.  I believe we can evict her for whatever reason we like, even if she does pay the rent on time, however she is not currently under lease as it is expired so she is now on month to month, couldn't I write up a new lease to present her with and if she refuses to sign it wouldn't she then be required to move out without going through the court eviction process?

Cooldrop

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Posts: 12
Reply with quote  #2 
Raise the rent.....
darude

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Posts: 6
Reply with quote  #3 
agree with cooldrop raise the rent that will move her or piss her off even more[biggrin]
Cooldrop

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Posts: 12
Reply with quote  #4 
Here in California, I have in my rental agreement that tenants must stay for a minimum of six months before they can move or they lose their security deposit.  

I'm glad they moved because when we entered into rental agreement they were to pay pet deposit in four equal payments, they ignored my monthly requests, and the last couple of months they paid rent late and ignored late payment requests......

Question, has anyone ever deducted late fees, pet deposits, unpaid utility bills from security deposit??
LLinVA

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Posts: 410
Reply with quote  #5 
"...tenants must stay for a minimum of six months before they can move or they lose their security deposit."

This sounds really sketchy. Has an attorney looked at this? I would be surprised if this held up in court. Most states are pretty clear about what can be deducted from a security deposit and even if this is in a lease and agreed to it, that doesn't make it legal. 

Any money owed to you can definitely be deducted (unpaid rent, unpaid late fees, unpaid utilities if they are through you, etc.). Unless there is damage that should have come out of the pet deposit, I don't think that would hold. I know that in Virginia, a pet DEPOSIT is a deposit, meaning it must be refunded (minus legitimate damages). Some landlords treat them as non-refundable deposits, but Virginia says there is no such thing, a deposit is a deposit and needs to be refunded. If a landlord wants to keep that money, they should have called it a fee. 

You should collect all deposits before they move in. Otherwise, they have no incentive to ever pay you anything (the deposit or anything you may have deducted from it).
OHlandlord

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Posts: 3,779
Reply with quote  #6 
Is this a 6 month lease or a month to month agreement?  If it is a lease, you can deduct unpaid rent from a deposit if they break a lease and move out early.  (Providing you advertise and attempt to find a tenant for that next month in most states, but not all.)  But I wouldn't put in the lease that they "lose" the deposit.  I would just note it as unpaid rent for the leased period on the deposit statement.  If this is a month to month, a 6 month minimum won't hold up.  Still, never say a tenant will "lose" a deposit.  They don't lose it.  You just do a fair accounting of charges against it.

You can deduct late fees, utilities, or rent from a deposit.  If they fail to pay the pet deposit, you can deduct unpaid pet damages from it, but not the deposit (since you would be giving it back anyways).  Here, it is routine to deduct utility payments that would revert to an owner's taxes from a deposit.
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