Security Deposit

[SabrinaR]

My question is in regards to our tenant's security deposit. When the tenant initially signed the rental agreement, she did so with our agent for the amount of $950.00 per month. This lease started on the first day of November 1998 and terminated on the 31st of December 1999. This is when we returned to the state and decided to manage the property on our own. We then had the tenant sign a new lease for the amount of $935.00 per month. The problem lies with the first agreement though. When the tenant first occupied the home, our rental agent and she had a verbal agreement that she could pay a reduced amount of rent ($925.00) in exchange for the upkeep of the yard. She failed to do this, however, and is now in the process of moving out of the home. My question is if we would be within our rights to withhold the amounts not fully paid for rent from the security deposit. Your advice would be greatly appreciated.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by SabrinaR:
My question is in regards to our tenant's security deposit. When the tenant initially signed the rental agreement, she did so with our agent for the amount of $950.00 per month. This lease started on the first day of November 1998 and terminated on the 31st of December 1999. This is when we returned to the state and decided to manage the property on our own. We then had the tenant sign a new lease for the amount of $935.00 per month. The problem lies with the first agreement though. When the tenant first occupied the home, our rental agent and she had a verbal agreement that she could pay a reduced amount of rent ($925.00) in exchange for the upkeep of the yard. She failed to do this, however, and is now in the process of moving out of the home. My question is if we would be within our rights to withhold the amounts not fully paid for rent from the security deposit. Your advice would be greatly appreciated.<HR></BLOCKQUOTE>

If the current lease agreement does not contain the yard work clause, then you can not deduct any money from her security deposit unless there is a blanket agreement that the tenant is responsible for the yard. Once the new lease agreement was made, it supersedes the old one. And a verbal agreement is not binding as any agreement with respect to the lease must be in writing. Look at your written lease agreement for a similar clause stating that all changes, additions etc. to the lease must be agreed to by both parties and in writing. Double check your records as you may have $950 in security deposit to account for rather than the $935.

 

[SabrinaR]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
If the current lease agreement does not contain the yard work clause, then you can not deduct any money from her security deposit unless there is a blanket agreement that the tenant is responsible for the yard. Once the new lease agreement was made, it supersedes the old one. And a verbal agreement is not binding as any agreement with respect to the lease must be in writing. Look at your written lease agreement for a similar clause stating that all changes, additions etc. to the lease must be agreed to by both parties and in writing. Double check your records as you may have $950 in security deposit to account for rather than the $935.<HR></BLOCKQUOTE>

Actually, my questions was that the rental agreement stated her rent to be $950.00, however, she only paid $925.00 for 14 months. This adds up to $350.00 in unpaid rent on the first agreement. Is there a way for us to recover this amount?