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Renter situation: What would you have done?

6,307 Views | 46 Replies | Last: 2 mo ago by Furlock Bones
NoahAg
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4:10p, 6/27/24
I had good renters for 4 years who didn't complain and took good care of the house. They let me know a couple of months ago that they weren't renewing b/c they are buying a house.

They "misread" the lease, thinking they had to be out by 5/31, when the end date is actually 6/30, and haven't paid June's rent. All their stuff is out now, and I of course still have their security deposit which is 1.5X the rent.

Obviously I'm keeping the deposit. But I'm not sure what else I could have done. I've already changed the locks and we've had lots of showings.
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Agilaw
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4:16p, 6/27/24
AG
If they gave/give you a forwarding address, you might think twice about just keeping the security deposit without providing a list of items showing the deductions from the security deposit.
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NoahAg
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In reply to Agilaw • 4:23p, 6/27/24
Agilaw said:
If they gave/give you a forwarding address, you might think twice about just keeping the security deposit without providing a list of items showing the deductions from the security deposit.
I've already told them I'm keeping the deposit. With unpaid June rent, plus 24 days of late fees ($50/day), they owe a lot more than the deposit amount. I'm itemizing everything and will be sending them an invoice. I don't expect them to pay it, but it makes me feel a little better.
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Sub4
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4:45p, 6/27/24
AG
To answer the question posed in the title:

If they were good renters for 4 years and took good care of the place;
I would keep the security depot, inform them/ itemize the deductions for the rent, any cleaning, and repairs beyond standard wear and tear, then apply the late fees up to deposit amount but then forgive late fees in excess of the deposit.

I would give a good tenant of 4 years a little benefit of the doubt and not make it feel like they have a payment hanging over their head not knowing if there is an expectation to pay it or not.

Congratulate them on the house, thank them for being good renters. If feeling generous forgive all the late fees and give them a couple bucks back if applicable.
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Rexter
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7:15p, 6/27/24
If they were good tenants (paid on time, no issues, house is in good shape), I'd let it fly since you have 1.5 x monthly rent in form of the deposit to keep.
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Z3phyr
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10:14p, 6/27/24
If they were good for 4 years just take the deposit for the last month. Especially if they gave reasonable notice but don't do late fees
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jopatura
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10:45p, 6/27/24
AG
How did they misread the lease? Did you keep up with signed yearly leases or were they on a month-to-month and gave the wrong notice length?
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aggiepaintrain
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10:28a, 6/28/24
AG
did you not tell them the lease end date when they gave notice?
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schwack schwack
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11:56a, 6/28/24
AG
I'd keep the deposit, call any repairs normal wear/tear after 4 years of good behavior & move on. The deposit is 1.5 the rent - call any repairs that .5 & you are probably still a little ahead of the game unless they trashed it.
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Old Tom Morris
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12:32p, 6/28/24
With 4 years of good history and a seemingly honest mistake, I keep enough to cover the June rent + legitimate repairs. I wouldnt hit them on late fees. If they took good care of the place, then you technically had their last month's rent in the bank all along
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NoahAg
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1:29p, 6/28/24
Well they also turned the power off two weeks ago, paid late the last two months (I didn't charge them late fees), let the backyard landscaping get overgrown, didn't change the air filters…

So while they were mostly good, things went downhill recently.
They signed yearly leases, and had no excuse for not knowing the end date.
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Furlock Bones
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In reply to NoahAg • 2:21p, 6/28/24
AG
lol. So why did you even make this thread? Sounds like you just want anonymous people to pat you on the back and tell you it's ok to charge more money to your prior renters.

Grow up.
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NoahAg
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10:22p, 6/28/24
To be fair I was asking what I could have done differently, not what should I do now.
Having just spent 9 hours working on the landscaping I don't feel bad about sending a bill.
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TheBonifaceOption
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In reply to NoahAg • 10:57p, 6/30/24
NoahAg said:
Agilaw said:
If they gave/give you a forwarding address, you might think twice about just keeping the security deposit without providing a list of items showing the deductions from the security deposit.
I've already told them I'm keeping the deposit. With unpaid June rent, plus 24 days of late fees ($50/day), they owe a lot more than the deposit amount. I'm itemizing everything and will be sending them an invoice. I don't expect them to pay it, but it makes me feel a little better.

It's my understanding that a security deposit cannot be withheld for unpaid rents.

Legally you have to itemize damages to withhold any amounts from the security deposit.
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Troglodyte
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In reply to NoahAg • 7:50a, 7/1/24
AG
NoahAg said:
To be fair I was asking what I could have done differently, not what should I do now.
Having just spent 9 hours working on the landscaping I don't feel bad about sending a bill.
The only thing I can think of is to have an in person walk of the house when they give notice. At this time, you can make sure everyone is on the same page with expiration date, security deposit, potential damage, etc.
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TxAG#2011
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In reply to NoahAg • 8:06a, 7/1/24
Never even heard of a tenant being responsible for landscaping.
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Agilaw
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8:10a, 7/1/24
AG
The Lease Agreement should answer that issue.
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schwack schwack
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In reply to TheBonifaceOption • 8:28a, 7/1/24
AG
Quote:
It's my understanding that a security deposit cannot be withheld for unpaid rents.

I think most leases state tenant is liable for unpaid rent that can be withheld from the deposit. Does OP's?
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TheBonifaceOption
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In reply to schwack schwack • 11:36a, 7/1/24
schwack schwack said:
Quote:
It's my understanding that a security deposit cannot be withheld for unpaid rents.

I think most leases state tenant is liable for unpaid rent that can be withheld from the deposit. Does OP's?

Yeaaaaaaah. So the lease agreement cannot supercede or ignore what is state law. If the lease is out of compliance with state regulation a judge will toss out the lease agreement.

Pay close attention to 92.108 and 92.109.

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm#92.104

The tenant may be liable for 3x the rent, if acting in bad faith regarding last months rent.

But most importantly, Texas law does not categorize a deposit as "rent" it is speficially itemized as a pre-rent monies. It must not be co-mingled with rent monies. The owner is a steward of the security deposit and cannot claim it unless damage to the property.
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Agilaw
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In reply to TheBonifaceOption • 5:33p, 7/3/24
AG
This.
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Roadking45
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2:48p, 7/5/24
How did they misread the lease? Did you keep up with signed yearly leases or were they on a month-to-month and gave the wrong notice length?
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WoMD
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In reply to TxAG#2011 • 8:40p, 7/5/24
TxAG#2011 said:
Never even heard of a tenant being responsible for landscaping.

Really? My sister just moved into a house in boise, and almost every single place she looked at required that the tenant takes care of the yard. Only exception she came across was one guy saying he'd do it for more added to the rent.
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Hupernikao
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In reply to NoahAg • 2:25a, 7/6/24
AG
Just fyi - it sounds like you are charging an illegal amount late fees. Late fees for single family homes are capped at 12% of the monthly rent so your $50 per day is not allowed past that cap.
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JMac03
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In reply to TxAG#2011 • 10:02a, 7/6/24
AG
TxAG#2011 said:
Never even heard of a tenant being responsible for landscaping.

Like mowing their own yard?

We have several rent houses and we do not mow, etc, They are also responsible for keeping the yards watered, etc. We would offer it for an increased cost, but not one has taken us up on it. Now we don't expect them to mulch flowerbeds, things like that. But mowing/weed eating/watering is up to them.
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LCE
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In reply to JMac03 • 8:40a, 7/10/24
AG
Who pays the water bill?
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JMac03
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In reply to LCE • 8:42a, 7/10/24
AG
LCE said:
Who pays the water bill?


Not us.

But my realtor writes that they have to water the lawn in every single lease. I figure she knows what she is doing.
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Crispin Torque
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9:11a, 7/10/24
Did you give written notice before changing the locks? There are laws around how you have to do this when rent is delinquent.

It sounds like you should consult a lawyer on how to proceed so you dont expose yourself legally.
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Medaggie
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7:26p, 7/11/24
To answer just the original question, if I had a good renter for 4 yrs and they made a mistake on the move out date?

I would thank them for the good 4 years and then let them leave early. I would give them back their deposit unless the place was a wreck, not just wear/tear. In 4 years, no matter how good they kept it, there would be ample repairs.

I believe in Karma and treating tenants well. Treat people who treat you well comes back to you many times over in the future.

I had a tenant rent my place, told me he was injured at work 1 wk upon moving in. Asked me if he could stay another week b/c he had a family and would leave. I gave him back his deposit and wished him well.
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NoahAg
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In reply to Hupernikao • 11:50p, 7/16/24
Hupernikao said:
Just fyi - it sounds like you are charging an illegal amount late fees. Late fees for single family homes are capped at 12% of the monthly rent so your $50 per day is not allowed past that cap.

Good to know. I'll look into that.
So the former tenant is the one who initially offered to relinquish their deposit in exchange for the last months rent that they skipped and the repairs they were liable for. We're all good now. New tenant just paid their deposit and rent is now at the market rate.

Interesting whoever asked about landscaping. I've mostly heard of the tenant being responsible for mowing and landscape maintenance. I wouldn't mind offering that for them but rent would increase accordingly.
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NoahAg
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In reply to Roadking45 • 11:52p, 7/16/24
Livetosmoke said:
How did they misread the lease? Did you keep up with signed yearly leases or were they on a month-to-month and gave the wrong notice length?

We amended the lease each year, about a month before the term ended. They didn't really misread it. They just misremembered the end date.
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Harry Dunne
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6:53a, 7/17/24
Were you able to find another tenant quickly?
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NoahAg
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In reply to Harry Dunne • 3:56p, 7/17/24
Yes. Had one contract to move in 7/3 but the lady didn't pay the deposit so I scrapped it. Had lots of showings. I think 3-4 more legit applications. Turned a couple away because income or credit score were too low.
Signed a lady with one kid and really good income.
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Matsui
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9:51p, 7/18/24
AG
Great news.
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NoahAg
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11:51a, 7/24/24
Ha, the lady backed out one day after paying the deposit. Said her mom just diagnosed with stage four cancer. Taking her word for it.
Opened it back up and immediately had several more showings and have two applications in hand. Third time hopefully the charm!
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cheeky
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In reply to NoahAg • 8:18p, 7/29/24
AG
NoahAg said:
Yes. Had one contract to move in 7/3 but the lady didn't pay the deposit so I scrapped it. Had lots of showings. I think 3-4 more legit applications. Turned a couple away because income or credit score were too low.
Signed a lady with one kid and really good income.
Poor lady cannot possibly know that she has an amateur landlord
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