Tenant hasn't given keys back

[PJ249]

What is the name of your state (only U.S. law)? NC

Tenant moved out but hasn't given the keys back.
A certified letter was sent informing her to leave the keys on the kitchen counter and lock the door. However she has not picked up the letter from her PO box.

I am going to wait the 30 days to return her deposit ( the home was left in good condition) because she was such a PITA!
Does the 30 days start when she moved out or if and when she returns the keys?
Can I deduct the cost of the three ( front door, back door, and dumpster) keys from her deposit?

 

[LdiJ]

What is the name of your state (only U.S. law)? NC

Tenant moved out but hasn't given the keys back.
A certified letter was sent informing her to leave the keys on the kitchen counter and lock the door. However she has not picked up the letter from her PO box.

I am going to wait the 30 days to return her deposit ( the home was left in good condition) because she was such a PITA!
Does the 30 days start when she moved out or if and when she returns the keys?
Can I deduct the cost of the three ( front door, back door, and dumpster) keys from her deposit?

Have you entered the home to see if she left the keys anyway? At a minimum you need to do that. If she has paid rent through a certain period of time you cannot ding her for not returning the keys before the period that her rent covers.

 

[PJ249]

Have you entered the home to see if she left the keys anyway? At a minimum you need to do that. If she has paid rent through a certain period of time you cannot ding her for not returning the keys before the period that her rent covers.

Yes, I have been in the home, and she did not leave the keys. My certified letter was placed in her Post a office box on November 24. She moved out two days ago, on Nov. 30.

 

[Gail in Georgia]

The argument is often made that until keys are officially returned, the tenant remains responsible for the rental unit.

In truth, many tenants never return keys (and each landlord should change locks between tenants anyway as one has no idea who has copies of the original keys).

Gail

 

[PJ249]

The argument is often made that until keys are officially returned, the tenant remains responsible for the rental unit.

In truth, many tenants never return keys (and each landlord should change locks between tenants anyway as one has no idea who has copies of the original keys).

Gail

I do plan to change the lock..... But the current one is still good and can be used on another rental in the future and I'll still need to purchase more keys, including one to the dumpster. I will need to review the NC law, but I think the cost of keys can be deducted from the deposit. I'll admit I'd only do it because she was horrible to deal with and actually left a foul language voicemail demanding I return her deposit on the day she moved out. I do want to make sure I return her deposit within the 30 days required, but don't know if I can take longer by insisting she return my keys first. If she doesn't can I deduct the cost of the new lock?

 

[Gail in Georgia]

"I do want to make sure I return her deposit within the 30 days required, but don't know if I can take longer by insisting she return my keys first. If she doesn't can I deduct the cost of the new lock? "

This tenant has been a pain in a low spot and sounds like she would be one that would sue you if 1. she did not receive her security deposit within the legally required time frame and 2. did not receive what she believes she is fairly owed from this deposit.

Don't attempt to deduct the cost of a new lock. If you end up in court over this it is quite likely the judge will point out the cost of new locks and keys are on you as part of the business of being a landlord. As you mentioned, just recycle the lock to another rental unit as needed (I do) and take the cost of the lock and keys off your taxes.

Gail

 

[PJ249]

"I do want to make sure I return her deposit within the 30 days required, but don't know if I can take longer by insisting she return my keys first. If she doesn't can I deduct the cost of the new lock? "

This tenant has been a pain in a low spot and sounds like she would be one that would sue you if 1. she did not receive her security deposit within the legally required time frame and 2. did not receive what she believes she is fairly owed from this deposit.

Don't attempt to deduct the cost of a new lock. If you end up in court over this it is quite likely the judge will point out the cost of new locks and keys are on you as part of the business of being a landlord. As you mentioned, just recycle the lock to another rental unit as needed (I do) and take the cost of the lock and keys off your taxes.

Gail

Ok, thanks. I know you're right. I'll just make sure I send her entire deposit back by December 30.

 

[Stephen1]

I do plan to change the lock..... But the current one is still good and can be used on another rental in the future and I'll still need to purchase more keys, including one to the dumpster. I will need to review the NC law, but I think the cost of keys can be deducted from the deposit. I'll admit I'd only do it because she was horrible to deal with and actually left a foul language voicemail demanding I return her deposit on the day she moved out. I do want to make sure I return her deposit within the 30 days required, but don't know if I can take longer by insisting she return my keys first. If she doesn't can I deduct the cost of the new lock?

I take the current lock down to Home Depot and have them rekey it for $5/lock. Then I get the appropriate number of new keys made (usually 3 - 1 for me and 2 for next tenant). This is a lot cheaper than replacing the locks and just as secure.

 

[FlyingRon]

If they've moved out their stuff, consider it abandoned/moved out. Change the locks. Any lock shop can rekey them for small $$$ while you wait.