security deposit issue

[RUff12306]

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

i have tenents in my flat. i got a deposit in the forum a check of $700. since then each would seperatly give me $350 a month. tenent A and tenent B. tenent B left within a year and tenent C replaced him. i didnt return the deposit nor did i get a deposit from tenent C. tenent B just left

now 2 years later. they are both going to move out. i dont feel i need to return the whole $700 since tenent B bounced. tenent A claims he paid it all to me. im not sure what legally to do.

they also damaged a rug, which i was going to replace anyway and since i had a $350 made no issue. matter fact i told Tenent A not to pay the last month rent and i would use the security. also was late about 4 times in 2 years. in the lease it says $50 fee for being past the 5th. i never made a big deal or charged them since i knew them somewhat from HS. unfortunately i have only proof of 2 in my receipt book since i stop giving them receipts (thought i could trust them). i might be able to go to my bank for check receipt? am i correct??

 

[BL]

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

i have tenents in my flat. i got a deposit in the forum a check of $700. since then each would seperatly give me $350 a month. tenent A and tenent B. tenent B left within a year and tenent C replaced him. i didnt return the deposit nor did i get a deposit from tenent C. tenent B just left

now 2 years later. they are both going to move out. i dont feel i need to return the whole $700 since tenent B bounced. tenent A claims he paid it all to me. im not sure what legally to do.

they also damaged a rug, which i was going to replace anyway and since i had a $350 made no issue. matter fact i told Tenent A not to pay the last month rent and i would use the security. also was late about 4 times in 2 years. in the lease it says $50 fee for being past the 5th. i never made a big deal or charged them since i knew them somewhat from HS. unfortunately i have only proof of 2 in my receipt book since i stop giving them receipts (thought i could trust them). i might be able to go to my bank for check receipt? am i correct??

Correct on what ?

First you take a SD of $700.00 for all 3 tenants .

Then instead of collecting the entire total rent amount making them all and individually liable , you set it up that each can pay 1/3 separately .

First you do not say if you have a lease , or what that lease specifies .

Secondly you did not give rent receipts as per Law .

Who knows what else you may have failed to do .

And finally ,Correct on what ?

Oh and you did not give A ( that just moved out ) a SD back .

You have a SD . Who's name is on the payment note , or the SD receipt ?

BTW . Either enter into rental agreements separately in the first place , or altogether .

 

[RUff12306]

First you take a SD of $700.00 for all 3 tenants .

only 2 ppl live there. again josh and john. john. left before the 12-month lease was up. josh got a replacement which is matt. matt never gave a Security Deposit. never gave john (who randomly left) his 1/2 of the deposit.

Josh tells me today. he paid the $700 deposit and john did not. my reciept has both names on it. but josh paid from his personal check.

Then instead of collecting the entire total rent amount making them all and individually liable , you set it up that each can pay 1/3 separately

again only 2 ppl not 3. i didnt set it up this way. they just paid me this way. since i am new to renting my apartment and i knew them i didnt mind. as long as it was paid

First you do not say if you have a lease , or what that lease specifies .

12 month lease. must be paid by the 5th or $50 fee

Secondly you did not give rent receipts as per Law .

this i guess it true. this is my 1st time with a tenent. i have 3/4 of the receipts

Who knows what else you may have failed to do

arnt you a jerk

And finally ,Correct on what ?

"correct" was regarding my last sentence. correct me if i'm wrong but could i go to my bank and get old check receipt or copies that i deposited

Oh and you did not give A ( that just moved out ) a SD back .

i told josh to not pay the last month rent. so yes i did give him back security. he is still there and didnt pay his 1/2 of last month rent.

You have a SD . Who's name is on the payment note , or the SD receipt ?

so basically i have $350 Deposit left. Josh claims he paid it all ($700) originally . john who was living left before lease was up.



i dont believe this money should go to josh but i am trying to do what is legal. matt and josh are still there till the 8th. they have paid till the 29th of this month. josh just came to me and said he paid the whole deposit. i find it strange he would no brought this up a month ago when i told him not to pay his half ($350)

i know it is a little complicated. i know it complicated because i knew the tenents and treated them more like friends then tenents. i let them sly on being late 4 time. the lease says $50 fee and didnt bother. i stop giving receipt when i shouldnt have

 

[ecmst12]

You return the entire $700, less DAMAGES, to the remaining tenants. If you want to allow them to use some of it as rent, go ahead. But just because one tenant moved out and was replaced with another does NOT mean you just get to keep half the deposit. For all you know, tenant C paid tenant B the $350 deposit when he moved in.

 

[BL]

only 2 ppl live there. again josh and john. john. left before the 12-month lease was up. josh got a replacement which is matt. matt never gave a Security Deposit. never gave john (who randomly left) his 1/2 of the deposit.

Ok 2 people . I got it .

Josh tells me today. he paid the $700 deposit and john did not. my reciept has both names on it. but josh paid from his personal check.

Your Receipt ? What does the tenant(s) receipt say ?

again only 2 ppl not 3. i didnt set it up this way. they just paid me this way. since i am new to renting my apartment and i knew them i didnt mind. as long as it was paid

Ok ,they each sent you 1/2 and you were pd. in full ,minus late fees sometimes.

12 month lease. must be paid by the 5th or $50 fee

OK

this i guess it true. this is my 1st time with a tenent. i have 3/4 of the receipts

OK

arnt you a jerk

Well now , I shouldn't go on but I will.

You're the one that didn't run this as a business of land lording.

"correct" was regarding my last sentence. correct me if i'm wrong but could i go to my bank and get old check receipt or copies that i deposited

Yes , go pay money for copies then you can only deduct lawfully what you are entitled from the SD.

i told josh to not pay the last month rent. so yes i did give him back security. he is still there and didnt pay his 1/2 of last month rent.

Again , what does the tenant(s) receipt have noted as who pd . the SD . Lacking a tenant's receipt , the tenant that paid by personal check is entitled to it's return after lawful deductions .

so basically i have $350 Deposit left. Josh claims he paid it all ($700) originally

.

See above .

You can not keep the $350.00 less lawful deductions.It's not your money even if the tenant that left isn't to be found . That's between them ,not you.

john who was living left before lease was up.

OK

i dont believe this money should go to josh but i am trying to do what is legal.

You follow the Law , not what you believe.

matt and josh are still there till the 8th. they have paid till the 29th of this month.

Are they holdovers ,or with your permission ?

josh just came to me and said he paid the whole deposit. i find it strange he would no brought this up a month ago when i told him not to pay his half ($350)

Strange as it may seem to you ,you can't keep any of it except under the Law for damages allowed.

i know it is a little complicated. i know it complicated because i knew the tenents and treated them more like friends then tenents. i let them sly on being late 4 time. the lease says $50 fee and didnt bother. i stop giving receipt when i shouldnt have

Well treat LandLording as a business ,then it won't be complicated .

Oh here's the Law references . See I'm not a Jerk after all .

This is a LAW forum for Free Advice .

Read the Important Notice:

http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf

NYC Rent Guidelines Board

 

[BL]

even though john broke the lease by leaving? or does it not matter because he was replaced and nothing was done originally?

my thought was since he left the apartment. he broke the lease and doesnt get the security.

it wouldnt go to josh. i know josh didnt pay the full security.


but im just trying to find what the laws says and do it right either way.

The rent was paid in FULL .( even if they each sent partial payments )

The Security deposit was paid in FULL. It has to be returned in FULL less any lawful or agreed upon deductions .

 

[RUff12306]

Your Receipt ? What does the tenant(s) receipt say ?

i have a monthly receipt book. under security i have both john and josh on one receipt. the thing is he has the copy from is his personal checkbook account of the $700 security.

i know what happen josh paid $700 in check to me and john gave him the cash. i wrote it up as josh and john security. so is it josh money.


i never never charged them for being late. but the reason why was i thought john had $350 secuity that would make up for it since he left a year ago. could or should i deduct that from the $350 security left

they told me originally they would be out by the 1st. orally. then mid month asked me if they could stay to the 8th. i said thats fine $25 a day.

 

[RUff12306]

ok so it should be returned

can past late fees be deducted??

that why i came here i didnt want to try to scam anyone

 

[ecmst12]

Forget who wrote the check. You received a deposit of $700 and you must account for $700 through either unpaid rent or actual damages. You have probably lost your right to charge late fees since you did not do so at the time they were incurred. You can deduct the DEPRECIATED VALUE of the rug they damaged, not the replacement cost. And if you let the remaining tenant use half the deposit for his half of the rent this month, you can deduct that. The rest goes back to Josh, or josh and matt, up to you.

 

[BL]

i have a monthly receipt book. under security i have both john and josh on one receipt. the thing is he has the copy from is his personal checkbook account of the $700 security.

One last time . Did you give the original tenant that paid the SD a Receipt from your receipt book ?

If so , who is listed as paying it ?

i know what happen josh paid $700 in check to me and john gave him the cash. i wrote it up as josh and john security. so is it josh money.

As I stated that's between them two , not you .

You had no right telling one he could use $350.00 of the SD for last months rent , if in fact the SD receipts reflect only one paid it . Doesn't matter what you know went on between them.

i never never charged them for being late. but the reason why was i thought john had $350 security that would make up for it since he left a year ago. could or should i deduct that from the $350 security left

No you deduct any lawful monies from the entire SD that was paid and return the remainder to who paid it .

they told me originally they would be out by the 1st. orally. then mid month asked me if they could stay to the 8th. i said thats fine $25 a day.

OK , if they don't pay that ,deduct those amounts too.

 

[RUff12306]

One last time . Did you give the original tenant that paid the SD a Receipt from your receipt book ?

If so , who is listed as paying it ?

i gave one copy to the tenents. i dont know if the one still living there has a copy

 

[BL]

ok so it should be returned

can past late fees be deducted??

that why i came here i didnt want to try to scam anyone

Late fees would be added rent .Well written leases state what would be added rent .

If the lease is silent on what is added rent you may have lost your right to collect it . I don't think so though if it's spelled out in the lease .

BTW : Read:

WHAT IS A LEASE? and LEASE PROVISIONS

A landlord may use the security deposit as a reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment, or a reimbursement for any unpaid rent.

 

[BL]

i gave one copy to the tenents. i dont know if the one still living there has a copy

You must understand though you noted on the receipt what you believed , not what actually transpired .

A tenant gave you a personal check for the entire SD .The receipt should have reflected that .

 

[RUff12306]

i understand what your saying.

so it does sound like i can deduct late fees from the SD

 

[Baranov]

I won't even attempt to make sense of OP's post, but if it's a question of who gets the deposit back, then he should issue it to both parties and let them settle it themselves as to who gets it.

OP... leave the renting to professionals.