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Posts: 2
Reply with quote  #1 
I have a tenant that has just moved out. I gave her half her deposit back am holding the other half until the utility companies have had time to process her bill and i can get confirmation that they have all been paid in full by the tenant. State law allows me to give her responsibility for utilities but does not say anything about using the damage deposit to cover any unpaid utilities. She is stating that i am withholding her deposit illegally and is threatening to press charges. I want to verify I am legally allowed to withhold her deposit for utilities. Also I by state law I have 14 days to return her deposit and I am well within that time period.

Posts: 314
Reply with quote  #2 
unpaid utilites are a damage, if you will have to pay them

Posts: 15
Reply with quote  #3 
Since you're within the return period, you are holding the deposit legally. Deposits normally don't go to utilities, as the utility company chases it's debtors itself. 

If the registration is on the tenant's name and not the property's address, then even if she doesn't pay, the debt doesn't go to you, but to her personally. 

I'd still way for the utility company to turn around and give me more information though.. 

Posts: 128
Reply with quote  #4 
In many cities in the US, certain municipal utilities can file a lien on the property for unpaid utility bills. This is especially true for water providers and trash collection. In those cases, the LL has every right to pay the unpaid utilities too prevent his property from being subject to lien and deduct those payments from the deposit.


Posts: 30
Reply with quote  #5 
Check out your lease.  Does you it lay out the different, explicit reasons why you may withhold their deposit? If you else states that the deposit shall be security for the Landlord for any unpaid accounts for utility charges then, you have the right to withhold it. 

Posts: 314
Reply with quote  #6 
most utilities (except water and sewer) stay under tenants name. The LL is not liable for.
water and sewer is normally from the city and will be placed on your taxes if not paid, thus you can withhold for that

Posts: 232
Reply with quote  #7 

What did you decide?

Hunter Rentals & Property Management


Posts: 5
Reply with quote  #8 
you guys have the contract to lease right?
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