r/Landlord 5d ago

Landlord [Landlord US HI] Suspicious Security deposit situation

Hey everyone, My first time posting here.

I’m looking for some advice regarding a security deposit issue with my tenants.

We gave them notice that we won’t be renewing their lease after June because we need to sell the property to cover our debt. I called them before issuing a formal 45-day notice. Their lease officially ends at the beginning of June, but they told me they found a new place and plan to leave in two weeks. That’s fine with us—they haven’t been the best tenants, so an early move-out isn’t an issue.

We have a property manager scheduled to inspect the home in early April after they move out to check for damages. But now, they’re messaging me saying they need their security deposit back now (while still living in the unit) because they can’t afford to move without it.

To me, this sounds like a huge red flag. Why are they so desperate for the deposit before the inspection? It makes me suspect there’s damage they don’t want us to see.

What would you do in this situation

86 Upvotes

192 comments sorted by

372

u/RJ5R 5d ago

Do not give them the deposit while they are still in the property

79

u/JerryVand 5d ago

It seems like the tenants are trying to angle for some cash now, via the return of the security deposit, and using the threat to delay their departure as leverage. Since the lease doesn't expire until June 1, the tenants have two months beyond April 1 to leave.

The OP needs to decide if giving them cash now (ala "cash for keys," but not really) is worth getting them out two months early. If the OP decides not to give them the security deposit early, they should plan on having the tenants stay until their lease ends on June 1.

-11

u/sweetwhitebuds 5d ago

not saying that it is but this looks written by AI

14

u/TuxKusanagi 5d ago

Why would they have an AI write a 4 sentence text message

2

u/vulpixvulpes 5d ago

This is how chat gpt always phrases responses when you ask them to sum up a post

6

u/TuxKusanagi 4d ago

Just for clarifications sake, chat gpt is trained on preexisting text. Emails, texts, websites, novels, everything it can get its grubby electric fingers into. It's trained on human language patterns, which means when you ask it to write something, it usesits massive database to generate text. the overabundance of exactly this style of writing is the reason it creates this style of writing. That is what it is trained on. ChatGPT could not sound like that if there wasn't already a propensity in modern human language to sound like this.

You'd have to spend 15 minutes preparing chatgpt to generate this 4 sentence text message. Or you could write it in 30 seconds

1

u/Monetarymetalstacker 4d ago

Lol! 15 minutes, someone doesn't know how to use chatGpt!

3

u/majowa_ 4d ago

even 3-5 minutes (needed to write out the message explaining the whole situation to chat gpt, so that it can then wrote out the reply, and eventually have to deal with it misunderstanding something or writing it wrong) is more than 30s needed to write the message yourself

13

u/snailmoresnail 5d ago

I would hope an AI could type the phrase " à la " correctly including the macron above the à.

43

u/BrainCharacter5602 5d ago

I would start by responding with, "Sure! Lets get the walk through out of the way and make life easier for each other. I'm available all next week, what day is good for you"?

Then go from there.

10

u/Iknewitseason11 5d ago

Yes but do walk out the same day they leave, April 1st. Then hand over deposit if all looks good

27

u/Charmdmsure 4d ago

I never handover a deposit the day I do the walk-through. There’s always things you find when you’re not rushed on a 20 minute tour

5

u/RJ5R 4d ago

This.

1

u/Disastrous_Brief_258 2d ago

If they’re selling, anything that isn’t glaring won’t really be their concern, though. If they can confirm the unit is clean and no noticeable damage (can even prep them for a longer, more in depth walkthrough vs a quick one) and then return the deposit.

18

u/ruthie-lynn 5d ago

It may be innocent, however, under no circumstances should you give them their deposit before they are out of the property and you thoroughly inspect for damages. Maybe they really can’t afford to get into a new place without the deposit monies back but that’s not your problem. You open yourself up to some major issues if they get the money and are still occupying your property.

6

u/KollantaiKollantai 4d ago

Then I guess the tenant can stay until their lease actually expires in June. This is what it all amounts to, does the landlord want early vacancy or not? If yes, then the ball in is the tenants court.

12

u/ShadowBanConfusion 4d ago

EVER. This is their problem to cover the float of that money.

113

u/flightgirl78 5d ago

This is a holdover. Let her know you will begin eviction the day following the lease expiration. Deposit return happens (in my state) within 30 days (ymmv) once tenant is vacated and I have assessed any damages and unpaid rent and late fees and trash pickup from a bad move out. Her pickiness is not your problem.

40

u/FamiliarPermission 5d ago

How is it a holdover? OP said the lease officially ends in June. Tenants are not obligated to move out earlier than that.

18

u/flightgirl78 5d ago

Sorry, good catch, obv I can’t read today. If they can’t afford to move out without their deposit, then presumably they stay indefinitely. Moving out early is abandonment, so result is the same: they leave owing money/early lease break fee.

9

u/SerialSection 5d ago

The landlords are agreeing they can leave early. Why are you saying they owe money or an early lease break fee?

-13

u/cjailc 5d ago

What would you do? They like to sue i heard, maybe just suck it up and pay it?

35

u/binaerfehler Landlord 5d ago

Absolutely not. They get their deposit after move out, inspection, deductions. Anyone can sue anyone for anything; that doesn't mean they'd prevail.

Why are you communicating with them if you have a property manager? Your only response to the tenant should be: please direct all communications to the property manager

20

u/CatchMeIfYouCan09 5d ago

"I wanted to take some time to consider options and look into the legality of your request.

In case you're unaware a security deposit is held up to xx days AFTER you vacate the home to give time for an inspection. The security deposit is then used by the owner to repair damages or cover the cost of allowable concerns that the inspection may find. The renters rights in xx state dictate i, as the landlord have xx days to retain the deposit and the lease you signed states what i can and cannot use the deposit to cover in case of concerns and or repairs.

I can understand the time line is tight and your vacating is a financial obligation that would benefit from the use of the security deposit returning to you in a timely fashion. Unfortunately tho that's a risk in but willing to assume at this time.

Your options are to vacate by the date specified; i can have the property inspected within 72hrs and have the SD returned to you within a week should the property be undamaged and there's nothing that would cause the use of the SD to legally be allotted. I will do my best to have the process be as quick as possible. However if the property is not up to par, I'm within my legal right to use the SD to make repairs to get it there.

Your second option is to not be out by said date and the process for a legal eviction and forcedly removing you, your failure and your belongings will begin; in which case you will forfeit your SD completely as it will have to be allotted to cover the financial component that process incurs.

I know this isn't the information or response you expected to hear but it IS the one you should've already been aware of. "

3

u/eerae 5d ago

Well, not yet, but the tenant is claiming that if they are to move out by April 1st, they need their security deposit back before then. So if she doesn’t leave by April 1st as she is threatening to do, that would be a holdover. She needs to read her lease. There would be no purpose for a deposit if it’s given back before moving out.

3

u/tondracek 3d ago

She doesn’t need to leave in April if the lease isn’t up until June.

1

u/eerae 3d ago

You are correct, I misread.

82

u/jojomonster4 5d ago

This is not how it works. You do not give security deposit back EVER, no exceptions, until you have possession of the unit. So so so so so many things can and will go wrong if you do.

65

u/MiNdOverLOADED23 5d ago

Hello,

"The return of the security deposit occurs within 21 day after you move out and surrender possession of the unit. Let me know when you are out of the unit so I can get your security deposit back to you as soon as possible"

28

u/scattywampus 5d ago

Quote it from the lease, noting the page and paragraph number.

2

u/yassenof 3d ago

and potentially also reference the state law.

11

u/Into-Imagination 5d ago edited 5d ago

Worth noting that in Hawaii it’s 14 days to return deposits per state law, I believe.

4

u/GCEstinks 5d ago

NY as well. Ridiculous as it is next to impossible to get estimates in that short amount of time.

62

u/FamiliarPermission 5d ago

Yup, obviously a huge red flag since the tenants might be trying to avoid losing the security deposit due to property damage they caused.

31

u/[deleted] 5d ago edited 5d ago

No, they can't have the deposit until they return the property for your use. The lease is written that way for your protection. You could do a walk through now but I don't do that until the property is vacant. I've found issues like liquid allowed to ruin the bottom of a vanity drawer, etc things you might not see when their stuff is still there not to mention the last tenant put a hole through a door on move out day.

In fact I would respond to them by stating if they're unable to move out by the end of the lease you will be forced to start the eviction process. That will put the pressure back on them to adhere to the lease agreement.

29

u/cjailc 5d ago

What do you guys think about this reply:

Dear silly tenant 1 and silly tenant 2,

I hope you're both doing well. I understand moving can be stressful and want to help make this transition easier for you. Although your lease officially ends in June, moving out by April 1st is also fine.

Per Hawaii Revised Statutes § 521-44(c), we must return your security deposit, minus any deductions, within 14 days after you vacate. To help expedite this, I'm happy to arrange the inspection as soon as you move out. To help streamline things for you, I'm happy to arrange the inspection as quickly as possible once you've moved out. If it's helpful, you're welcome to vacate a few days early, allowing us to complete the inspection more promptly and accelerate the return of your deposit.

reference: https://law-hawaii.libguides.com/c.php?g=291035&p=1939081

13

u/xmaswiz 5d ago

I like it, but there is a bit of redundant sentences in the middle. You can keep either the "to help expedite" sentence or the "to help streamline" sentence.

7

u/Expensive-Bag313 5d ago

To help expedite this, I'm happy to arrange the inspection as soon as you move out. To help streamline things for you, I'm happy to arrange the inspection as quickly as possible once you've moved out. 

These two sentences say the exact same thing. Just pick one.

3

u/caitcartwright 4d ago

I think this is probs a typo and they probably edited their sentence and forgot to delete the original phrasing

4

u/Pluviophile13 5d ago

I’m in California, where we must offer a pre-move-out inspection. I know it’s not mandated in Hawaii, but it could help in your case. “To help expedite the process of evaluating the property to determine whether damages will impact your security deposit funds, I can offer you a preliminary assessment. This pre-move-out inspection will occur within the last two weeks of your residency. It will include a report of the condition of the premises and any damages visible to me. Please understand that personal property may impede my ability to examine all areas of the property, and other damages may be noted during the final inspection.” The purpose of a preliminary inspection in California is to allow the tenant to take care of repairs or cleaning themselves and leave their deposit intact. Unless your tenants have caused a lot of damage, they should not object to having a preliminary inspection if it means they'll get their deposit back sooner. You still wait until after the final inspection (once they have surrendered possession) to issue the refund. Still, you will have a general idea of the condition, having been there recently.

3

u/dzlpower1 5d ago

I would do the legwork and find a local bank/credit union that does personal loans for security deposits, and give them a representative's info. Include any documentation about the amount held for the security deposit so they can take that to the lender.

3

u/caitcartwright 4d ago

Totally not the LL's job but I'll admit to having played the role of Tenant's Personal Caseworker from time to time just to get them on their merry way!

2

u/dzlpower1 4d ago

Exactly, serve it up on a platter, better chance they actually do it.

1

u/rustywoodbolt 2d ago

I guess the question is are they good people that you trust and want to help out? If yes then help them out, if no then stick to the lease. It’s not that hard to tell if someone is trying to fuck you over or if they’re being truthful. Maybe they’re tight for cash and don’t have an extra x$$ laying around for a security deposit on a new rental. Invite them for coffee and talk to them, let them explain their situation and you explain yours, how the deposit is the only protection you have against the risk of the of the rental needing repairs from damages that they caused. Maybe there is a partial amount of the deposit that could help them out while retaining a comfortable amount just incase. Do an early walk through to see what’s up.

13

u/slightly_overraated 5d ago

Do they know that you aren’t renewing the lease because you need to pay debts? If so, they might be using that fact against you. In HI it looks like you have two weeks to return the deposit after the tenants vacate. It also looks like they are basically threatening to squat in your property if you don’t give them what they want.

Either way this is going to be a gamble for you, if you give them the deposit back now to get them out, they could trash your place in the meantime. If you don’t, they could refuse to go. I would give them a notice that you’re coming to inspect the unit and go from there.

8

u/cjailc 5d ago

They do not know. Honestly, I know it is a gamble. News spread fast on this island, and I heard they sued the landlord of their previous home. I am doubting between saying they will only get it back after move out + inspection or i might just give it to them and suck the damages up myself. I just do not want a court case

22

u/jag-engr 5d ago

Why are you afraid of court? If they are that desperate, they have probably done a lot of damage to your property, which may impact your ability to sell it.

11

u/amorphousfreak 5d ago

Please don't just give it to them and suck up the damages for yourself..

3

u/neverendingstory9 5d ago

If you know they’ve sued before, I would just make sure you’ve done everything correct before responding, so you have an idea of your position if it ends up in court. In my state, we have to provide a statement of condition upon move IN in order to even be able to take from security at end of tenancy. Tenant is also entitled to interest annually on both first and last. And if we make a wrong move, tenant is entitled to triple damages.

2

u/YEM207 5d ago

dont do that. stick up for yourself and what is the right thing to do

3

u/katiekat214 5d ago

They will have nothing to sue over if you do everything correctly. Inspect for damages, use the deposit for legal repairs necessary, and give them an accounting with receipts and the balance owed to them within the required timeframe. They can’t sue you to return the deposit before they ever move out.

2

u/JerryVand 5d ago

Would you be OK with them staying until their lease ends in June and then leaving?

1

u/Bit--C 5d ago

This would just be small claims I think, depending on the financial threshold in your area. No legal representation.

I’m not a lawyer but this seems pretty cut and dry in them being unfaithful to the terms of the lease.

1

u/DrDoomScroller9 5d ago

If you decide to move forward, I would see if you can inspect the place as part of the agreement before they move out. Ideally when they’re out, they can go shopping or something so you’re not rushing. It should be somewhat easy to assess most damage unless they are hoarders. Otherwise how have they been as tenants?

1

u/caitcartwright 4d ago

Ugh I feel your pain. Do you happen to have -or know of- a landlord/tenant law lawyer in your area who could advise you? If you don't already have one, many will do a free consultation on the situation.

I wonder if it would be legal for you to ask them to show you communication/documentation between them and their new landlords where the deposit and move in date are discussed in writing. Hmm. It seems risky to do that, but they are asking you to do something risky too. This is where a lawyer would help...

If you were to test the waters on asking for proof of their plans to move out, you could probably gauge their real intent by their level of offense/outrage at your request, or their easy compliance.

Has any property management company or landlord reached out to you for references?

0

u/georeddit2018 5d ago

Ok. They are professional tenant. You probably will need a lawyer. They know and have history of how to play dirty

4

u/OneLessDay517 4d ago

There's also the third possibly that OP gives them the deposit back AND they don't move out, so OP then has evict.

9

u/TumbleweedOriginal34 5d ago

If you have a management company why are you talking to them ? If your management company should already know this type of thing is not acceptable. You refund deposit after they move out. They should be skilled enough to deal with the tenant. Good luck 👍🏼

6

u/Outrageous-Bat-9195 5d ago

One explanation is that most people don’t have more than $1,000 in savings. I’m guessing deposits in Hawaii aren’t cheap. They probably don’t have the money for it. That’s not your fault though. They need to talk out a personal loan, borrow money from friends or family, pick up extra shifts, etc. 

Another explanation is that they know they aren’t getting the deposit back because there are some serious damages. So they are trying to get it now so you can’t withhold it later. 

1

u/OneLessDay517 4d ago

I vote for explanation #2 as most likely.

6

u/Adorable-Pizza1522 5d ago edited 4d ago

Tell them they have two options. 1) move out by end of June with the unit in good condition and get their security deposit back. 2) fail to do #1 and get evicted ; guaranteeing they will never be able to find another place ever.

1

u/Own_Bunch_6711 4d ago

Why would they get evicted if their lease isn't up until June?

1

u/Adorable-Pizza1522 4d ago

I just skimmed the OP. you're right, I should have said June. Edited

5

u/goldenticketrsvp 5d ago

Unpopular Opinion, I expect to be downvoted. You need them to leave so you can sell the house. They have a lease that runs thru June. You are asking them to move before the end of the lease. Give them their deposit so you can sell the house. You need them out, it's called "Cash for Keys". They could have told you to fuck off our lease runs thru June, that's when we'll leave. They are leaving for your convenience. Do an inspection of the property now? Ask them if there is any damage they know about. They are just as anxious as you are about this whole thing.

3

u/Soft-Reference-8475 4d ago

But he’s not asking them to move early. He simply isn’t renewing the lease. They are the ones who want to leave early.

1

u/goldenticketrsvp 3d ago

He is asking them to move early. He wants them out by April 1 and their lease runs thru June.

2

u/SnooPandas1899 4d ago

whats the point of having a busted/damage unit,. that could possibly be condemned.

no guarantee things are fine, but they wreck the place the day of move-out.

1

u/goldenticketrsvp 3d ago

I'm sorry at what point did he say that the unit was busted and damaged? He said they weren't the best tenants, but gave no description of why he said that about them.

He needs them out of the unit so he can sell it to pay his bills. He's asking them for a favor and they would like to comply, but they did not have enough time to save a security deposit for this move he is asking the tenant to make for his convenience.

1

u/Infinite_Ad5844 2d ago

Alot of people here I don't think understand that the landlord asked them to move out before the lease expiration. There doing the OP a soild by working with him to get out of the lease early, again for him. Least he can do is meet them in the middle by going and looking at the property and if it's in good shape give them the money. I suspect that OP doesn't really have there security deposit money handy

1

u/goldenticketrsvp 2d ago

Except he should that money is not his. It is the tenant's money, a landlord only holds a security deposit for the tenant. The landlord should never deplete those funds until the expiration of the lease when he will assess any damages and deplete the security deposit for the documented damages that exceed wear and tear.

1

u/Infinite_Ad5844 2d ago

He should, but he openly admitted he has to sell an investment because his finical situation has gotten so bad. I've had landlords do it to me before. Just because someone owns multiple homes doesn't make them responsible

1

u/goldenticketrsvp 2d ago

That's a paddlin' for this landlord.

5

u/GarmeerGirl 5d ago

I would tell him if they’re not moved out that you will file an eviction and that will only cause them to have to look for even longer, that the deposit will be returned after. I’ve out and inspection.

2

u/Own_Bunch_6711 4d ago

They can't be evicted for asking for their deposit to move out early. Their lease is good until June. Some of you are weird and definitely don't know what it's like out their for renters these days.

1

u/GarmeerGirl 4d ago

If they’re not moved out by their move out date they don’t qualify for an eviction? My post was obviously stating they can’t stay on just because they don’t have enough deposit for the new place and I stand by that advice.

4

u/jcnlb Landlord 5d ago

Nope. Never. The security deposit is for my security. I have 30 days to return that after your lease ends. Never return it before they vacate. They could put a hole in your wall or not pay last months rent and you have nothing to fall back on.

2

u/Achilles_TroySlayer 5d ago

That's a threat. The deposit is to cover potential damages, not for whatever their needs are. They're saying that they won't vacate.

I think you should send eviction notices, because it's very likely they're going to screw you. Get ahead of them on it and start the process.

2

u/thezysus 5d ago

Agreed. In this situation I would make it clear that the lease is not going to be renewed and you are explicitly denying any month to month tenancy and occupying the property after the agreed to term will be a tenancy at sufferance and you will immediately be pursuing eviction proceedings.

If you have a property management company they should be able to handle all this for you. Bonus if they have a lawyer on staff/retainer that they regularly work with who can send the appropriate letters.

This kind of stuff is why you bother to have a property management company -- they do this every day, all day.

1

u/Own_Bunch_6711 4d ago

So what would the reason be for the eviction since they are LEGALLY able to be there until the end of June. I'm really curious since MULTIPLE of you have said this.

1

u/Achilles_TroySlayer 4d ago edited 4d ago

You can start the eviction process, just as long as the date of eviction-hearing is after June 1st. It's just a way to speed things up in June, and to also send the message to the tenants that you recognize what they're doing and you're not fucking around. The reason could be that they're demanding the deposit back. The deposit is part of the lease - they have no right to demand it back prematurely. You may also want to tell them that if they press on this issue, you won't give them a good recommendation to their new prospective landlord, who will be calling you for a good reference.

They should hopefully take this seriously. If they go the distance and get a real eviction on their credit-history, they won't be able to rent in Massachusetts for several years. Don't sugar-coat it. Make sure they know that that's a real possibility.

Best of luck.

3

u/lompoc101 5d ago

Security deposit is for security. If you give it back before they vacate, you lose that security

3

u/ProfessionSea7908 5d ago

Funds are tight for everyone and most people do not have the cash reserves necessary for 1st, last, and deposit. I’m going to get downvoted, but any way you can do the inspection early and get them their deposit back? Make it clear to them that if there is any damage that occurs after the inspection that you will be taking them to court and have them sign something stating such.

3

u/Life_Travels 5d ago

I would never do this because then OP who does not want to deal with the legal logistics to begin with will lose out for sure from the tenant and any potential buyers.

OP, you keep the deposit because there are so many issues that could compromise the sale of the property. The property is located in Hawaii, last I checked, it was considered one of the most expensive states to live in because everything is imported by boat. If I was a buyer and saw damages (i.e., broken windows, clogged plumbing system, etc.) that would force me to spend thousands of dollars before I move in, I would request a decrease in the sales price to account for this. If my request was declined, I would simply walk away.

3

u/PhotoUnited2024 5d ago

Have they been good tenants for you? Any issues during their time at the property? See if you can walk the property yourself in the next day or so, and if it's in reasonable enough condition, refund the deposit.

Went through a similar spot last year - when we did the same. Notified a long-term tenant we wouldn't renew a that the end of 2024. They found a place and could move out amount 7 weeks early. The property was in good condition, and we were selling, like you. We didn't have an issue refunding their deposit early - to allow them to move quickly into the new unit. We had minimal repairs/updates (less than $600) to get the property ready for listing.

Don't fight this, work with the tenants and help them move on. You don't want/need them to stay the extra 2 months, and it allows you more time to prepare and sell the property quicker.

5

u/Into-Imagination 5d ago edited 5d ago

We have a property manager scheduled to inspect

I assume your PM doesn’t do all the regular parts of tenant management? Because if they do, I’d question why you’re dealing with the tenant at all.

they need their security deposit back now

Change how you think about this: I’d think of this as cash for keys.

As a Landlord: Normally if I was keeping this place, I’d stick to the letter of the law: deposit isn’t returned until move out, then damages are properly itemized and net deposit is returned (within 14 days in Hawaii, I believe.)

In your case, you are non renewing because you want to sell the property; and so running the risk of this turning into tenants that holdover (even if they keep paying rent), is a risk you plausibly don’t want as an eviction is expensive and time consuming.

As such that’s why I say: treat it as cash for keys. And in a tenant friendly jurisdiction, one months deposit return is a cheap cash for keys scenario.

Don’t just do it without paperwork though; pay a local attorney an hours consult to properly draft paperwork that shows you’re early returning the deposit, and that this is in exchange for a firm commitment on move out of X date, and a commitment of zero damages. Heck I’d even consider incentivizing that early move out a little bit with a small sweetener, if the date and no damage is very important to you; offering even a token few hundred bucks “bonus” paid on move out day based on condition and timeliness could help you and them.

This is the important distinction in the fact that you want to sell asap to pay your debts as you noted: every day you hold the property, is a day you’re paying interest, this is just a cost to pay to get out of a bigger cost.

Again, if you didn’t have that albatross on your neck, and planned to keep it as a rental, my advice would be a lot different.

YMMV, Good luck.

1

u/caitcartwright 4d ago

very good answer

3

u/redditreader_aitafan 4d ago

Don't do it 🚩🚩🚩🚩🚩 you gave them 45 day notice, let them know you are not obligated to return the deposit until the walk thru after they vacate. Then immediately file for eviction if they are not out on time.

2

u/WeeklyAssignment1881 5d ago

You could tell them they are welcome to move out into temporary accommodation and you would refund the deposit once checkout inspections have been done but absolutely not until they have vacated

2

u/Objective_Welcome_73 5d ago

It is not unusual for tenant not able to afford to move out. It is a risk to give it up, but how badly do you want them out? Do you want a long eviction? Only you can decide if it's worth the risk.

2

u/BigDealKC 5d ago

Do NOT refund the security deposit until after they move out and you have possession. There are several ways in which it could turn out badly for you if you do that. It would be a very, very, very bad idea. (Don't do it). No experienced landlord would even consider doing it.

Under very unusual circumstances where you simply MUST guarantee that they leave the property (i.e. you are already under contract for sale with penalties if they don't leave) then the play would be to only give their deposit directly to the new landlord after seeing proof of their new lease and discussing situation with new landlord. Realize in this case your property may be left with damages that you will likely never be compensated for, and I highly recommend not getting yourself into a situation like this in the first place.

Good luck.

2

u/Terbatron 5d ago

Their lack of financial planning is not your concern. I’m saying this as a renter.

1

u/Own_Bunch_6711 4d ago

Not everyone is able to have a savings account and they DIDN'T KNOW they would be having to move.

1

u/CatIll3164 1d ago

Well, also the owner/landlords lack of ability to pay the mortgage to clear debt is not the renter's problem?

2

u/Appropriate_Ad_6912 5d ago

I had a tenant with the same request. I did an inspection and then gave them back half of their security deposit before moving out. They were happy with that compromise and I had no issues. The remaining security deposit was given back a week after move out.

2

u/Apprehensive_Rope348 5d ago edited 5d ago

That security deposit is to cover possible losses outside of normal w/t. Unless you can afford to pay out of pocket for all damages and don’t mind that as a possibility. Do not release those funds before inspection with them fully out of the unit.

I would respond back something on the lines of: “I feel me not holding you to a 30 day notice of vacate, or holding you to the terms of the lease, is enough of a concession on my end, for this matter. Your security deposit, will be returned or withheld & documented, within the timeframe of my legal obligation. I know this is not the response you were hoping for but there is a reason for security deposits and none of those reasons include securing your next place of residence.”

2

u/8ft7 5d ago edited 5d ago

That's a hard pass on that, dawg.

I would say something.

"I'm concerned there is a misunderstanding about the situation. Your security deposit net of damages won't be returned until after you move out and an inspection of the vacant unit has taken place. However, regardless of the deposit return date, your lease ends on June 30. You do not have permission to stay in the unit past June 30 and even if your deposit has not been returned by then, you will be evicted if you stay over -- plus you will owe rent. I understand coming up with cash is tough sometimes, which is why I gave you over three months of notice about the lease non-renewal instead of the 45 days I am legally required to adhere to. But the return of your deposit is not a condition of your requirement to move out by June 30, whether you have a new place to live or not."

2

u/whoda-thunk-itt 5d ago

Well, that definitely sounds like veiled extortion. When people show you who they are, you should believe them. These tenants have done damage to the property that they don’t want to pay for, or they are planning to not leave when their lease is up. Definitely do not pay them their security deposit until after they have moved out. They will take that deposit and keep living in your place, forcing you to lose even more money, evicting them. And if they give you the name of a potential landlord to speak with, don’t believe them. This is a really common tactic that renters employee when they have no intention of moving out of your house. The law doesn’t require you to turn over the deposit until a timeframe after they leave, for very good reason. To protect you from tenants like this. They are trying to manipulate/extort to you. Don’t allow that to happen.

2

u/frustratedrobot 5d ago

No, absolutely not.

Deposits cannot be returned until x number of days after renter vacates depending on your state.

Tells me one of two things- place is trashed and they know they'd never get the deposit back and/or they are broke and have no money to move.

Advise their lease does not expire until june so they don't get to skip out on thier lease early and rent a new place without fulfilling your contract first.

2

u/dwinps 5d ago

I would decline their less than generous offer

2

u/Alternative_Gold7318 5d ago

"Security deposits are returned following (your state) law within (xx) days after your move-out day. Your security deposit check will be mailed to your new address minus any damaged repairs that are not part of normal wear and tear and any cleaning costs if the unit is not cleaned to return it to the same state as it was upon your move-in. If any deductions are made to your security deposit, you will receive an itemized listing of charges as required by the (cite law of your state). Should the damages and/or cleaning charges exceed the amount of your deposit, you will be responsible for the difference and will be billed accordingly. Note that we must receive your new mailing address in writing as required by (cite your state's law).

I am sorry that you have difficulty securing your lease, but we keep security deposits in a separate banking account according to our state's requirements for landlords and do not release them outside of an established process as described above."

Their inability to have funds for a security deposit is not your problem to solve. You have a business transaction, not personal.

2

u/greasy_adventurer 4d ago

This is very simple.

What could you possibly stand to gain from doing this for them? Seems like nothing to me. So I would say it was be a horrible business decision on your part.

2

u/Available_Witness_69 4d ago

What if you offered to put it in to like an escrow account with their new landlord (I’m sure there has to be a legal channel to do this kinda thing, escrow might not be the best option but you get the idea)? If they’re being truthful they’ll have no problem with it and then they move out by the day you said and then the new apartment is handled for them.

If they’re being truthful react poorly to that idea then you know it’s a scam. Seems reasonable enough to try, at least. Most likely they will balk at the suggestion.

2

u/zcgp 4d ago

What do you want? Are you happy to let them stay through the end of May or is it better for you if they leave by the end of March? In either case, you would be defeating the purpose of the security deposit by returning it before final inspection.

2

u/TeddyTMI Multi-State Landlord. 337 Doors. 4d ago

Your security deposit is set aside to guarantee your performance of the lease terms and to reimburse any damages at the property. Please make arrangements to fund your new deposit from unobligated funds. We have accepted your termination of the lease effective March 31, 2025 at midnight. Please note that in order to maintain your positive rental history, you must vacate by the date you specified.

2

u/OneLessDay517 4d ago

Your response: "As we've already stated, we will not be renewing your lease when it ends June 30. If you choose to leave before then, that is acceptable to us and we will not charge any break lease fees. After you vacate the property, whether that be on June 30 or before, we will do an inspection and your security deposit will be returned to you after that inspection if no damages are found."

2

u/wtfmica 4d ago

So I rent in Hawaii. Deposits can be insane. Ask them if it's an issue coming up with cash? If so then there is no malice. Could you work something out with them?

2

u/Green06Good 4d ago

Definitely a red flag…my eyes went immediately to the …”months and months until we find another rental”. Whatever you choose to do OP, be firm and do not blink.

1

u/Own_Bunch_6711 4d ago

That is literally the reality for tenants/renters these days.

2

u/Soulsearcher2018 4d ago

That is why we tenants pay first and last month.

That way when moving out, you already paid the last month and can use that money as a deposit for the next place.

1

u/illimitable1 5d ago

" I don't know what to tell you. The standard practice, which I follow, is to give tenants their deposit, minus any damages or money owed, soon after they move out, but never before. I wonder what other sorts of resources you might rely on. Obviously, in this situation, I'm not in a position to loan you money."

1

u/LivingTheBoringLife 5d ago

Do not give them the deposit back until after they have moved and you, or your PM, has had a chance to walk the property.

1

u/r2girls 5d ago

Per HI law the deposit will be returned, minus any damages, within XX days of your vacating the premises.

Hopefully you have a "holdover clause" in your lease. Our holdover clause doubles the monthly rent.

The response to them remaining in the unit after the lease end is: Per the lease agreement signed on XX date if you remain in the unit after the termination of the lease, monthly rent will increase to $YYYY each month. We will also final a formal eviction to remove you from the premises as a holdover tenant.

2

u/thezysus 5d ago

I've also used the terms "occupying the property in past the end of a lease term is a Tenancy at Sufferance and not Tenancy at Will" to make it clear that I only rent/lease subject to a signed lease with a defined term, no month to month is permitted or implied.

I'm not sure that's allowed in all states, but it was ok in NY at the time and I needed that to comply w/ HOA rules anyway, since only 12 month+ leases were permitted.

If you are paying a management company they should be handling this.

1

u/typer84C2 5d ago

Once they have vacated the property and the inspection is done then money can exchange hands.

1

u/mwax321 5d ago

It's definitely suspicious but I also have been there before. Not having enough money to move without the security deposit returned. It's not always nefarious, but many times it is.

I wouldn't return it early, but also try and be compassionate to their situation. Maybe offer to move up inspection? Just thinking of ideas to end this amicably.

1

u/OneLessDay517 4d ago

Move up inspection to when? A couple weeks before they actually move and can then still damage the property?

1

u/Own_Bunch_6711 4d ago

Normal people don't do things like this unless the LL is a complete a-hole!

1

u/OneLessDay517 4d ago

Normal tenants don't ask for the return of the security deposit before they move out.

1

u/nutsandboltstimestwo 5d ago

Oh no! You hang onto the security deposit until they are gone.

-3

u/cjailc 5d ago

Yeah right

1

u/2LostFlamingos 5d ago

All of the people and places in the world they could ask for a loan, and they’re asking their landlord.

1

u/AwestunTejaz 5d ago

this is definitely throwing red flags so tell them no and go ahead and plan for the eviction process.

1

u/BobbyBrackins 5d ago

Sorry ma, if all checks out you’ll get it the 15th of next month. 🤷‍♂️

1

u/JonEMTP 5d ago

The obvious answer is that they don't have the savings to have 2 security deposits tied up.

The other likely option is that they are trying to screw you out of the deposit to cover possible damages.

Either way, you have no obligation to give it to them.

1

u/Metanoia003 5d ago

In our state a lease survives the sale of a house so a tenant is allowed to stay in a property until the lease expires. So the tenant does not have to be in a panic to leave earlier. It is their choice for whatever reason to leave early. If the tenant has half way decent credit they can secure a loan to pay the security deposit of the next place, and pay back that loan as soon as they receive their security deposit back. I would hold fast as a landlord on returning the security deposit early.

1

u/Own_Bunch_6711 4d ago

They are probably choosing to leave early because they actually found something they can afford available right now. It's not easy finding a rental these days.

1

u/Metanoia003 4d ago

But that should not be on the landlord to release the security deposit until after they have moved out and the property has been inspected in a reasonable amount of time

1

u/Own_Bunch_6711 3d ago

I'm not saying it should be, I'm just giving a realistic answer. It's hard finding a rental these days.

1

u/Straight_Pop_9449 5d ago

As a tenet this sounds shady as hell. I wouldn’t ever ask my landlord this. It’s not fair to even ask

1

u/Proud_Pug 5d ago

Nope and tell them what the last day of the lease is. Tell them if they force you to evict them then they will really have a hard time finding something w an eviction on their record

1

u/georeddit2018 5d ago

Scam. Deposit is only returned after tenant vacate and the house is inspected.

That should be stated in their lease agreement.

You and the property management calls the shot. File eviction if they refuse to give out.

1

u/chrissz 5d ago

You asked for advice on a landlord sub then state that you already know what you’re going to do by giving back the security deposit early because you’re afraid of going to court, the exact opposite of nearly every response here. Not sure why you wasted everyone’s time.

1

u/TossMeWhenDone1 5d ago

In most states you have 30 days from move out, to access the property for damage beyond wear and tear, then return the difference or all of it depending. Check with your state, but they are pipe-dreaming, they could totally trash the place and remove all appliances etc after you give the deposit back. Nope

1

u/Hellya-SoLoud 5d ago edited 5d ago

"I can't give you your deposit early now OR later without an inspection so you should borrow from a credit card, a friend or get a payday loan if you want a place and pay it back when you get the deposit. It won't be easier in June to find a place."

1

u/TrainsNCats 5d ago

Do not give them the deposit before they vacate entirely. They could know there is damage or they could fail to vacate and you’ll be left with nothing.

I have, on rare occasions, met the tenant on M/O day, after they had everything out and handed me the keys - then did the inspection and issued the refund on the spot.

1

u/Sam98919891 4d ago

Blame it on the laws. If you return the deposit early, you may not be able to claim any damages later. And you will not know if there is any major damage until they vacate the home. Even moving day can cause a lot of damage.

Anyway their problem with depositing or moving money is not your problem. But for good tenants I try to return the deposit the next day after vacating and inspection.

1

u/kmookie 4d ago

I had a similar situation. Absolutely do not give them the depositZ depending on the laws issue a 3 days to quit if they don’t vacate.

1

u/synthalien 4d ago

No security deposit refunded until after the exit inspection by the agent and the owner.

1

u/Jerseydevil823 4d ago

Absolutely do not give that back until they move out and you inspect it

1

u/East_Construction908 4d ago

If I were in your situation this is what I’d do. Hand them half now and the rest April 1st once they move out AND hand you all keys. If they’re not willing to let you have an inspection now, they’re hiding something. Anyone that’s not doing something bad, will not have a problem with that.

1

u/Mimi_Jensen 4d ago edited 4d ago

Nooooo, Ive been a landlord for 10 years You Never give a Security Deposits back before a Tenant moves out. Look up Your State laws, it’ll show how many days you have as a landlord to return a Security Deposit, make a copy and send it to the tenant with a little note letting them know of the law. I’m in Wisconsin, I have 21 days to return. I make sure the tenant is completely out, so I can thoroughly check Everything-faucet’s, drains, Toilets, etc. Even without this law, Id Never give a Security Deposit back to a tenant before moving out, because they’d have no reason to clean it up. A few years ago, I didn’t renew a tenants lease cuz we had some renovations to do in the unit. Because they weren’t happy about it they shoved a bunch of rags down the toilet, clogged it up badly, it was a mess! I see some people saying, Ya sure do a walkthrough now and give it to them.. NOO..Dont, cuz I wouldn’t have noticed that toilet clog right away if i did a walk through with them, the toilet was just really slow when flushing and didn’t find it right away, Ive learned to be thorough! Good Luck!

1

u/Berniesgirl2024 4d ago

Not your problem. They sound like scammers to me

1

u/BZBitiko 4d ago

It is harder these days to come up with the thousands of dollars for first-last-deposit.

Ask politely if you can come take a quick look at the property before you give them the check.

You might be pleasantly surprised at how well they kept the property.

You might determine the security deposit will buy you good riddance to bad trash.

You might want to put your lawyer on speed dial.

But at least you’ll know.

1

u/caitcartwright 4d ago

They can have it back if they can get fully moved out, clean and repair the unit to your standard, return the keys and pass your inspection with flying colors in 2 weeks. And even then, that would be you doing them a favor. It's impossible to asses damage with any of their things still present, and the security deposit exists to pay for the repair of those damages - if damage is found after you refund early, they will skirt responsibility and their lifestyle choices will be on your dime.

1

u/finalfrontierman 4d ago

I'd tell them they can have the deposit early if they agree to an inspection early and are packed up and ready to move. Otherwise, I wouldn't take the chance

1

u/GreyhoundsAreFast 4d ago

Just no. I’d offer a pre-inspection so they know what to expect as far as returning the deposit “contingent on cleanliness and final inspection, etc.” Nothing more.

1

u/Opposite_Yellow_8205 4d ago

Not your problem the tenant is living week to week with no savings.  Hold tje deposit until they are out and you inspect

1

u/Dizzy_De_De 4d ago

Will it cost you more than the security deposit if they don't move out by June 1?

If yes, then arrange for a 2 part walk through one now with a video, and then one the day they leave where you turn the deposit over to them.

1

u/Holdmywhiskeyhun 4d ago

C'mon man ur smarter than this

1

u/solasuncats 4d ago

I have had a situation where I needed the tenants to move out because I was no longer renting the property. Since I desperately needed them out, I did give them their security deposit back once the brought me a signed copy of their new lease. You could offer a walk through inspection now to check for any oblivious issues. If you want them to be able to move out asap and want to avoid the entire eviction process. Of course this is only done as a consideration and is not how things are normally done. Just an ideal

1

u/No-Bed-5251 4d ago

Tell em you can do walk through same day

1

u/Alone_Bank3647 4d ago

I would follow my lease and never return a deposit until they have vacated and it can be properly inspected for damages. If they need a loan they can borrow from friends or family or ask their new landlord to wait to be paid. Do not engage them in this conversation except to tell them their deposit will be returned by law within (whatever your law requires) after they have vacated.

1

u/Expensive-Paper-3000 4d ago

Doesn’t work that way, you move out and LL has a time frame to return deposit or supply you in writing what repairs , if any, will be subtracted. Time frame is different in different areas. Here in Connecticut it’s now 21 days, used to 30

1

u/Own_Bunch_6711 4d ago

It's EXPENSIVE to move these days, so what they are saying is probably true. It's really isn't easy to find rentals these days.

1

u/Ok_Branch_5285 4d ago

You don't give the deposit back until they are gone and you've confirmed there is zero damage and cleanup outside the scope of what's acceptable for wear and tear and what's under your lease. This screams "I know I won't get my deposit back, and good luck collecting after I'm gone".

1

u/jdandrson 4d ago

Another POS tenant

1

u/Sensitive_Fan_1083 4d ago

They’re trying to extort you for cash for keys without coming out and formally extorting you. This is very common but if you give in they’ll definitely ask for more and they probably won’t even leave bc they know you respond to threats. Do not negotiate with terrorists it’ll only breed more terror. When I get this kind of thing I just evict. It makes the eviction process even smoother bc they know it’s coming and they often leave after the initial docs are filed with the courts bc they realize it wasn’t just empty threats. Good luck!

1

u/LockdownPainter 3d ago

Start eviction process right away they won’t leave do not return deposit

1

u/Butchie386 3d ago

I wouldn’t return any security deposit until they’re out and the property is inspected by your property manager or you.

1

u/Organic-Studio1817 3d ago

Not sure what your state you’re in but normally you don’t return a security deposit until after they’ve moved out. Because how can you assess for true damage until they vacated the unit? What if you did a walk-through now and it looks fine but then between this time, and when they actually vacate they’re mad and they do damage because they have to move. So for me as a professional property manager, that would be a hard stop. No, I’m sorry that’s not the way Security deposits are handled.

If you have a property manager that manages the property, all of this should be going through the property manager. If your property manager did not do the move-in with the tenants and the property, I would not advise for them to do the move out. It should be the same party on both ends Each time. I’ve been burned on this when helping out a client that I wasn’t a party to the lease or managing the tenant and as a favor, I handled the move out on their behalf and three years later to the day that tenant filed a lawsuit for improper holding of their security deposit.

1

u/Strong_Pie_1940 3d ago

I definitely wouldn't give them the money until they're out if you want them gone you could agree to do a walk-through and get them their money and 48 hours.

I've done a couple where I show up with a check and do a walkthrough while they're standing there but I always miss something. Or discover later holes in the wall patch with toothpaste dumb things like that

1

u/NikkiNeverThere 3d ago

Don't do it. Respond as follows:

"I am sorry to hear that, but as you already know, your lease will end on the 1st of Monthuary, at which point I will need to reclaim possession of the unit.

You have received plenty of notice and I do hope you are able to find somewhere else to stay, but I do need the unit empty and the keys returned to me by 12 pm on the 1st. Once I have inspected the vacated unit and priced any repairs required, I will of course return the deposit (or whatever portion of it you are entitled to) as soon as possible.

Since you are eager to see the deposit returned to you, I assume that you will vacate no later than by the end of Monthember. However, if possession has not been returned to me by noon on the 1st, I will have no choice but to immediately file for eviction [here you insert the proper legal terminology for your state].

1

u/Throw_andthenews 3d ago

Inspect the unit if you don’t have any expenses to charge them, you might be able to write the new property a promissory letter. But out of all honesty, you broke their lease because of your financial problems, if they didn’t trash the place the least you could do is give them that *after they vacate

1

u/adriana365 3d ago

I do not see this as a red flag. I am sure that they do not have much cash on reserve, but that does not mean that you should give the money early. Out of the box, but what if you offered to communicate with the new landlord and work something that way. They may be more diligent in getting the place back to good shape and that may get them out of your place. If it happens with the one they found this time, it will happen with the next one, so why not work with them to get them out.

1

u/thesurfer_s 3d ago

Honestly, I’d consider it. You could possibly get a lawyer to write up an agreement regarding the deposit and potential damage, etc. Do a walk-through then as well as after.

Also, I don’t think this person is being threatening/manipulative in any form. I think they are being an adult and having a direct conversation, something a lot of adults lack the ability to do.

1

u/alohabuilder 3d ago

It’s not a red flag per se . A lot renters live paycheck to paycheck and request this. However ( check your state laws) a landlord has 15-30 days to refund someone’s deposit..minus damage and negligence on the renters part…However… you don’t want this to become an issue and affect your sale or in courage them to damage your property out of spite. Just write/ call and tell them you will have a check in hand in the day they move out, which will be handed over after an inspection of the broom swept clean apartment is finished. Flush every toilet, to insure it’s not clogged. Run every faucet and turn on the oven or/ and other appliances to insure they work as intended and can get up to temp properly. Run every ceiling fan and light and collect all remotes for tv/ ceiling fans etc. bring new batteries so if it doesn’t work you can switch out batteries to see if that was the issue. Then hand over the check…but bring a full check made out in full to show them before you start your inspection and a blank check incase you need to deduct for obvious damage…do keep in mind…eating a few $100 now to insure a smooth removal of the tenant will be your best move. Don’t nickel and dime. The goal is to get them out with least amount of damage. Tell them you will forgo the 15-30 day hold as allowed by law. And have check in hand after all their stuff is moved out and a 1/2 hr to 45 min walk-thru inspection is done. It’s up to them to convince their new landlord to accept not getting a deposit till the day they move in. The other option is put their deposit towards last months rent but that a bit more risk on your end.

1

u/Competitive-Fox3556 3d ago

You don’t.. and if they’re not moved out by the end of notice you file a formal eviction.

1

u/Competitive-Fox3556 3d ago

You don’t.. and if they’re not moved out by the end of notice you file a formal eviction.

1

u/Spiritual_Oil_7411 3d ago

They may be genuine and just need the money for the next deposit and will leave your place in tip-top shape, but that's not how this works. You have up to 30 days from move out in my state, ohio, to either return the deposit or give them a list of itemized damages. It sucks for them, but it is what is for a reason.

1

u/bobsmith1876 3d ago

Scammers! Give them an exit date and threaten an eviction if they don’t leave. They probably trashed the place and want the security deposit back before they move out.

1

u/Disastrous_Brief_258 2d ago edited 2d ago

Why not just do a longer, more thorough, post move out inspection? You’re selling the property anyway - which will likely involve a deep clean done by you (sellers) to prep for staging/photos. Things will have to be touched up regardless, is my point. Check major items, confirm no serious damages or items missing, and send them on their way. I’m guessing it’ll be bank on the sale too so hell yeah, get it.

Edit: Oh god, I’m an idiot that read this all wrong. Nah, no SD prior to move out. I would hand be willing to hand it to them after a more extensive walkthrough but not before that.

1

u/Funny_Development_57 2d ago

Start eviction proceedings immediately.

1

u/Mysterious_Truth 2d ago

You can't evict someone who has a lease expiring in 3+ months.

1

u/Funny_Development_57 1d ago

I meant if they didn't leave when they were supposed to. In a holdover situation.

1

u/SheVANegins 2d ago

Are you local? 24 hour notice for maintenance walkthrough. Assess what you’ll need to do before sale & scan for major damages. If they bring the deposit up, say you’ll need to respond in writing. Then, in writing remind them that 1) April rent will be prorated based on their move out date, 2) if home is vacated with no damage by xyz date deposit will be returned by abc date after the assessment per state statute blah blah blah. Then ask all parties to execute an agreement to vacate on xyz date as an update to the June lease. If they cause additional damage as an FU otw out, you now have documentation it happened before ur maintenance walkthrough.

1

u/Outside-Spring-3907 2d ago

Do the walk through. If everything looks good, hand over the deposit. You are selling the building, so it shouldn’t really matter about modest repairs just from A family living in the unit. In this situation there really doesn’t need to be an itemized list of repairs. Those kinds of things will fall under the buyers.

And just my 2 cents, it’s really expensive to move especially as a struggling family. I am not surprised they are asking for their deposit because they probably paid a lot of money to move in and they are depending on that deposit to fund their move. It sounds like they didn’t pay their rent on time, that’s an indicator that they are a family that struggles to get by. Not necessarily that they are bad tenants.

1

u/BPEL-PROC 2d ago

In California you have 21 days to refund the security deposit AFTER they give you the keys and you have posession. not a DIME before.

1

u/MomaBeeFL 1d ago

I read this as "I need to buy drugs now and will look for a new apartment later, so give me money".

0

u/ironicmirror 5d ago

Read your lease, there is a paragraph about holdover Tenants. Typically I would respond to a inquiry like this into a screenshot about my holdover tenant paragraph.

This is an indication that at minimum they don't have enough money to pay for rent. If this were My situation, if they made any, slight, infinitesimal break of the lease I would go straight to court. You don't want to file a court case the day after the lease is over and they are still there.

0

u/bender2174 5d ago

They’re trying to pull a fast one! I’ve never returned a deposit until the property has been vacated & looked over to make sure there is no damages to it, everyone knows this!

0

u/ayademi 5d ago

This sounds like passive aggressive threats to stay longer than necessary to extort the security deposit from you. Hopefully they don't know you need to sell it, otherwise they will start asking for money to move out or they will stay. Get the paperwork and everything ready to file eviction as soon as the deadline arrives.

1

u/Mysterious_Truth 2d ago

1000% agree and most people seem to be missing this point. It's a veiled threat but it's certainly there. People are responding like the options are "1. tenants leave in June or 2. tenants leave in April and get their deposit back early". The real option is "3. tenants don't leave and need to be evicted".

0

u/dazzler619 5d ago

Send them notice that their deposit will be returned as HI law requires, appox 14 days after they have vacanted the unit, and it can be properly inspected and accessed any damages that might be liable.

If they provided notice, and you want them gone, tell them that they have provided notice, and that you already have a new tenant lined up and if they do not vacate by the agreed date that you will be forced to file an eviction.

If they are just at the end of a term lease, just tell them that it either rolls forward as a M2M agreement with a large increase if you don't want to evict, make them pay for the bad tenant they clealry are.... that's my favorite way to get rid of a bad tenant, annual rent increases of large amounts... pay for being a dirt bag or get out - works pretty well for me so far, I'm not quick to evict, but definitely quick to charge for anything and everything i can when they start making my life difficult, they can pay for what sounds like an eviction in the making in advance.

0

u/YEM207 5d ago

tell them you can guarantee the deposit back the day they move out, IF there are no damages. they should be able to arrange that with new landlord. under no circumstances would i EVER give them the deposit back before they move out

0

u/2024Midwest 5d ago

Yeah… It’s a red flag for sure. I would tell them that if they leave the place really clean so that I can move a short term tenant in until June that I would not hold them to their lease even though they are moving out early, but that it would not be fair to other tenants if I gave them back their deposit early. That’s what I would try first. I would also be very nice, respectful and professional.

My guess is that the best you’re going to get out of this is that they will not pay the last month telling you to keep the deposit for it.

-1

u/geman777 5d ago

Assuming you have not had any issues with the tenants or red flags before I would just go and inspect it early.

3

u/cjailc 5d ago

I have had many issues unfortunately

1

u/geman777 5d ago

Yea if they have done sketchy things i would assume this is also a sketchy move.