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deposit for rent

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GRANDMAFREDE

Guest
my daughter rented a home. we cleaned the place up after they moved out. paintet, cleaned the windows etc. looked as good as when they moved in. made an appointment with the landlord for a walk thru. he met them gave them a check for the deposit. they had left a few things on the counter and needed to sweep and wipe up the floor. told him the would do it next day and leave key on counter. well they waited a day too long and he called. so went over myself and took care of it. so instead of sunday it was done tuesday. the guy cancelled the check. didn't bother to let them know and checks bounced in their account. when he has called about it he said we needed to set up another walk thru. i realize they should have carried thru with picking up in a timely manner. now what i want to know is do they have the right to take him to small claims court for the bounced checks?
he did give them a check back. made sure we cashed it at his bank this time.
 


JETX

Senior Member
Can't help you until you tell us where you are (see the RED text on the top of the screen???).

However, I will offer the following:
How did you get into the property 2 days AFTER you completed the moveout??? Did you not return the keys at the time of the first walk-thru?? If so, you are lucky that the landlord didn't charge you rent for the 'extra' days that you kept the keys. Either that or had you arrested for trespassing for entering a property where you had NO right to enter (after all, when you moved out and did the first walk through, I assume the lease was terminated at that time).

Also, in answer to your question, the deposit check was given to you with specific conditions in place, it was conditional that they clean and sweep as agreed. Since your daughter violated her agreement, it is my opinion that the landlord was under no obligation to keep the payment active. Summary: Your daughter breached the contract, the landlord stopped pay. Your daughters breach caused the bounced checks. What would be the 'basis of your claim' against the landlord???
 

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