Here's a Good One for Everyone...

[ws6whiteshark]

What is the name of your state? MD

I just received a phone call from our former tenant who lived in our rental home with four other tenants (it was a 5-bedroom house). He informs me that he can't get the SD check I sent cashed because he can't get all the tenants together to sign it. The check was made out to all the tenants and sent to one forwarding address. He wants the SD check made out to him so he can atleast cash it. I don't know why he can't get his other former roommates together to sign the check... seems stupid to me.

Your thoughts.

Scott

 

[moburkes]

What is the name of your state? MD

I just received a phone call from our former tenant who lived in our rental home with four other tenants (it was a 5-bedroom house). He informs me that he can't get the SD check I sent cashed because he can't get all the tenants together to sign it. The check was made out to all the tenants and sent to one forwarding address. He wants the SD check made out to him so he can atleast cash it. I don't know why he can't get his other former roommates together to sign the check... seems stupid to me.

Your thoughts.

Scott

My thought is that, since they *probably* paid the security deposit separately, if they all agree, I'd just write them individual checks for 1/5 of the amount, and have them sign the same "form" that you have, after being asked by them, provided them with separate checks to make it easier for them, and that they agree with this method.

 

[ws6whiteshark]

I can do that... but if they all can't get together to sign one check, what makes you think I can get them all to agree and sign the SD form again? I know that some will have issues with dividing up the SD equally since some tenants were responsible for substantial subtractions to the SD.

 

[moburkes]

Ahhhhhhh! I made the ASSumption that they got they the entire amount back. I should have known - 5 kids.

 

[HomeGuru]

I can do that... but if they all can't get together to sign one check, what makes you think I can get them all to agree and sign the SD form again? I know that some will have issues with dividing up the SD equally since some tenants were responsible for substantial subtractions to the SD.

**A: good point. If they can't all agree then see if you can place the money in trust or with the courts until they can agree. Their agreement is not your problem. Tenants are joint and severally responsible.

 

[ws6whiteshark]

You got it!!!

One tenant was late 2 or three times (over 10 days each), which accounted for late fees;
One tenant never returned her keys (three keys) and this was deducted from the SD;
Oil/Grease stains in the driveway from one of the tenant's SUV.
Personal proerpty left behind in the garage, which required us to move and store prior to the new tenants moving in.

and so on.....

So, dividing the SD up equally, I know this is going to cause problems. Plus, some didn't even give me their forwarding address.

My feelings on this, I sent the balance of the SD back to the agreed forwarding address... it's their problem getting everyone together to sign the check and divide up the money.

I'm just trying to figure on the best way to handle this with the one who is calling. I know they'd like to get their money, but if need be, if they have to drive out and meet each former roommate to get them to sign the back of the check, so be it.

Scott

 

[HomeGuru]

Stand your ground.

 

[ws6whiteshark]

Stand your ground.

Roger that.

 

[Alaska landlord]

Their problem is NOT your problem. You complied with your end of the contract. When they get their stuff together they can cash it..... or not.

 

[HomeGuru]

Their problem is NOT your problem. You complied with your end of the contract. When they get their stuff together they can cash it..... or not.

**A: they can even go to small claims court and battle it out.

 

[ws6whiteshark]

Yep, that's what I was thinking... Let them battle it out amongst themselves. Can you imagine the problems I'd be opening up for myself by re-writing a check payable and cashed by only one tenant, when there were five on the lease?

 

[OHlandlord]

Exactly! You'd have 4 small claims suits filed within weeks. Leave it up to the tenants to divide. Their problem. Unless they all agree prior to moving out, I always write deposit checks payable to all the persons on the lease, send it to one, then send a note to the others to contact that one to sign the check.

 

[ws6whiteshark]

I sent an email to the one tenant and received this response back...

------------------------------------------------------
Scott,
Who else would i have called? I just thought you could be a little bit helpful and make this whole precess alittle easier for us. I was wrong. I feel like you took advantage of us. Alot of time and energy went into cleaning that house. Five people (not including Tenant 4 or Tenant 5) spent 20 hours cleaning, we spent over $200 using "your" carpet cleaning company, and you still deducted money for carpet stains. We could never be as picky as you as the the owner, which i understand, but you went a little overboard. $200 for 4 keys!! haha. I know there isnt a chance you would fork over one penny more, so this is not a request for you to do so. I think you have been burned in the past by tenents and this is the way you get your money back from those loses. I can relate becuase I can be pretty stingy myself and maybe this is a good leason to see how it feels to be on the other side. Kate and I live in Alexandria now so it is a hassle to get the signatures but we will figure that part out.
-------------------------------------------------------

How do you like that???

My thoughts:
1. He should call the other tenants and get together to endorse the check.

2. They had 60-days to clean the house prior to vacating at the end of their lease. Why on earth do tenants wait until the last minute to clean the place? Also, they allowed two of the tenants to not participate in cleaning responsibilities. Oh and I don't have a carpet cleaning company, but I do require my tenants to use a particular carpet cleaning contractor to steam clean and deodorize the carpets. My experience, tenants want to be cheap, go to Giant or Safeway and use those rentals that are a waste of money and really don't clean the carpet anyway. I'm actually saving them money by requiring them to have it done right the first time instead of me coming back in there and having the carpets recleaned and charging them.

2. I didn't charge for carpet stains... he errored, I only noted it on the move out inspection. If it was bad, I would have.

3. Two of the tenants didn't return their keys, thus it was deducted from the SD.

4. I have only had to take one tenant to court and I was sucessful in winning the suit... not burned there.

5. It's interesting how tenants assume you're taking advantage of them when they don't get their full SD back... go figure.

 

[OHlandlord]

Gee, 20 hours cleaning when they had 60 days to do it... That amounts to only 20 minutes a day. You didn't want them to exhaust themselves, did you?

Whiteshark, you know you're just another rich LL taking advantage of the poor tenant who always leaves the place cleaner and in better shape than it was when they got it! Now you know they had perfectly good excuses for paying late those times, losing those keys weren't her fault (What? You really want those back???), and he didn't know that the SUV was leaking so that allows him to not pay for it since he didn't know it. All that dirt and stains on the carpet are just normal wear & tear (including those big red koolaide spots and those cigarette burns, right?). And she was going to come back for the property in the garage, but she forgot, then she got busy, and then she didn't have a truck, and...

And can't you just give a decent tenant a break and let him have that whole deposit to himself?!?! Come on now!

Some tenants are a LL's dream, paying on time and taking care of the property. Others have a mentality that we can't fathom.