DEDUCTIONS FROM SECURITY DEPOSIT?

[STRATHAVON]

ON 2/22/00 TENANTS INFORMED ME THAT THEY WOULD VACATE IN 7 DAYS. I LOST RENTAL INCOME DUE TO THIS SHORT VACATE NOTICE. CAN I DEDUCT THIS LOSS FROM THEIR SECURITY DEPOSIT? I DO NOT HAVE A LEASE W/THEM BECAUSE THEY WOULD NOT SIGN ONE. SO THERE IS NOTHING IN WRITING THAT SAYS 30 DAYS NOTICE WAS REQUIRED PRIOR TO VACATING. I ONLY HAVE A VERBAL AGREEMENT W/THEM ON THIS MATTER.

ALL APPLIANCES WERE BRAND NEW WHEN THEY MOVED IN. THEY ARE NOW 2YRS. OLD,BUT LOOK 10 YRS. OLD. THEY ARE FILTHY AND THERE ARE SEVERAL DENTS TO FRONT AND SIDES OF REFRIGERATOR AND STOVE. I AM NOT REPLACING THESE APPLIANCES, BUT CAN I CHARGE THEM(deduct from their deposit) FOR THESE DAMAGES?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by STRATHAVON:
ON 2/22/00 TENANTS INFORMED ME THAT THEY WOULD VACATE IN 7 DAYS. I LOST RENTAL INCOME DUE TO THIS SHORT VACATE NOTICE. CAN I DEDUCT THIS LOSS FROM THEIR SECURITY DEPOSIT? I DO NOT HAVE A LEASE W/THEM BECAUSE THEY WOULD NOT SIGN ONE. SO THERE IS NOTHING IN WRITING THAT SAYS 30 DAYS NOTICE WAS REQUIRED PRIOR TO VACATING. I ONLY HAVE A VERBAL AGREEMENT W/THEM ON THIS MATTER.

ALL APPLIANCES WERE BRAND NEW WHEN THEY MOVED IN. THEY ARE NOW 2YRS. OLD,BUT LOOK 10 YRS. OLD. THEY ARE FILTHY AND THERE ARE SEVERAL DENTS TO FRONT AND SIDES OF REFRIGERATOR AND STOVE. I AM NOT REPLACING THESE APPLIANCES, BUT CAN I CHARGE THEM(deduct from their deposit) FOR THESE DAMAGES?

<HR></BLOCKQUOTE>

My response:

In the absence of a writing, the tenancy and the obligations of the parties "default" to the Statutes in those regards. I would discuss this with a lawyer for your rights, responsibilities, and remedies. However, take many, many, 35mm photos of the condition of the premises. Go see your attorney as soon as the photos are developed. DO NOT USE A POLAROID CAMERA.
Next time, go to your stationery store and pick up a "lease agreement."

IAAL


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