Landlord Letter Security Deposit: Fill & Download for Free

I’ll answer with the focus on the last part of your question which is “what is the right thing to do here?”.If we are to stick to the letter of the law, you have every right to keep the security deposit since in essence the tenant did not give proper notice. The security deposit serves to protect the landlord if the tenant breaks or violates the terms of the lease or rental agreement. It may be used to cover damage to the property, cleaning, key replacement, or back rent.But instead what I would do is look back at your history with this tenant. I would consider the following:In what condition did the tenant leave the unit?Was there a reason why they could not honor the terms of the lease and provide proper notice?Did they always pay rent on time?Were they a good tenant?As landlords, we make money off tenants. I always consider this larger picture before I execute the strong arm of the law.If the tenant was generally good, I would let him/her go and give back the security deposit.If they were less than perfect, and you truly cannot afford the loss, you could consider splitting it.

We’ve all probably heard about the epically silly, stupid and outdated laws like “In Louisiana it’s illegal to chain an alligator to a fire hydrant after 8:00 PM” but thinking about and defining “clever” is a lot more difficult. I’ll approach the definition of “clever” as a law that is (relatively) clearly written, easily enforced and encourages the wrongdoer to behave like a good citizen. One that I like is the Texas landlord/tenant law regarding security deposits.Since tenants usually have disparate bargaining power where landlords are concerned, under Texas law, if the tenant does what he/she is supposed to - gives appropriate notice, leaves the premises in good condition and tells the landlord where to send the security deposit refund - the landlord has 30 days to comply or send a written, detailed list of all problems/reasons why the entire security deposit isn’t being refunded. If the landlord fails to do that, after 30 days is up, the landlord is “presumed” to be acting in bad faith, the tenant has a right to seek 3 times the amount of the security deposit, plus attorney’s fees. At that point the landlord can make all the noise it wants about what a horrible condition the property was in, etc. but the presumption works against them and those arguments, by and large, get them nowhere.So, when the landlord tries to withhold the security deposit and ignores the tenants’ request for the refund, one letter (to which I usually attach a copy of the statute) and you can (usually) get the tenant their security deposit in full plus a little extra for the time and trouble. I actually had to do this for myself (I guess the landlord forgot he was renting to a lawyer) - it might have been karma but less than 6 months later, before it was re-rented, Harvey hit and that townhouse ended up with 3 1/2 feet of water on the first floor.Not sure if that fits the “clever” definition you were looking for but it’s a good law, easy to understand, and handles a situation that is all-to-often abused by property owners.

I’m a landlord, and once I kept the entire deposit of approximately $2,100.This was back in 2008, and I regret not having any photos. But here are a few reasons:The house’s utilities were electricity, water, and gas. The tenants, despite a requirement in the lease, never put the gas bill in their own name. After a few months, I wanted to simply cut the gas off, but my lawyer said that would be illegal. So I ended up paying their gas utility for an entire year. That was probably $1,600.The tenants built a barbecue pit in the back yard out of cinderblock and wire netting. It probably measured 10′ x 12′ x 3′. It left the back yard a mess, and I ended up having to disassemble the pit myself.The tenants installed a Kegerator on the back patio.When the tenants moved out, they didn’t clean or get rid of trash. They took what belongings they wanted (about a third) and left the rest.The tenants installed a waterbed in the master bedroom, which was over the garage. That in itself violated the lease. In addition, it appeared that the waterbed was so heavy that it cracked a joist or support for the bedroom.The tenants’ checks were frequently late by 10–15 days. Although the lease called for a penalty for late payment, they never paid it.In a letter to them after they’d moved out, I detailed these and other items and explained why I was withholding their entire security deposit.They didn’t complain or object.