Return of Security Deposit

[Searchertwin]

What is the name of your state? Missouri

Renters were given a 5-day notice, certified mail, to vacate on a drug related issue.
They called and wanted to know why. I explain that I knew about the drug raid on my house with the swat team. And I was following the law. I heard nothing from them after this. So I sent a 10 day notice to vacate, certified mail, before I filed a petition to have them removed.
Still no response. Followed up on 2nd certified mail and they did not retrieve the mail from post office. But they did move. I had to track them down through one of their mothers and told them I need them to contact me. They did and all they wanted was their deposit back and oil in tank they put in. I asked them to send me the bill for oil in tank and a address to send any security deposit, if any. I also told them that I still am entitled to next months rent or really the full lease, but I told them that I will seek only one month unless I get it rented and let it go and for them to send be a bill for oil. I plan on sending all their deposit back to them even though I told them that I would probably use if for next month rent.
It has been two weeks and I heard nothing from them and house is sitting empty. They still have about three items, treadmill, a basketball net and a nice table left in house. They did clean house, (which surprised me!). Since I have not heard anything from them nor a forwarding address, where do I stand? Mail is still coming to house. And my second certified is still sitting at post office. How long can I hold deposit till they forfeit their rights in getting it back? And I really don't feel I should have to beg their mother to make them call me again. Thanks

 

[VeronicaLodge]

I don't think you can continue to charge them rent if you evicted them. However, they probably aren't entitled to their deposit since they broke their lease by breaking the law (the drug raid), but that would really depend on what the lease says about return of deposit.

 

[BL]

I don't think you can continue to charge them rent if you evicted them. However, they probably aren't entitled to their deposit since they broke their lease by breaking the law (the drug raid), but that would really depend on what the lease says about return of deposit.

It would really depend on what the State's landlord / tenant Law says about security deposits , as anything written into a lease that goes against laws are unenforceable .

I do agree however they forfeited the SD by breaking the lease .

 

[Cvillecpm]

Your "notice" wording should have stated that even if they move, they are responsible for lease terms until it is re-rented.

You need to FIRST, make sure the utilities are on so that the pipes don't freeze and you need to clean and re-rent ASAP.

Frankly, I'd do NOTHING on the deposit EXCEPT notify them you are taking it for damages and unpaid rent and then let them come after you so you can counter-sue them for any "damages" for re-renting the property....that way you don't have to chase them to serve them.

 

[Searchertwin]

Return of Secuity Deposit

Thanks to all who have replied. Yes, I have been keeping with utilities department and ask them to switch utilities back in my name when they disconnect, and I have been back redoing little things to get house back in shape to rent, like I said they did leave it clean which surprised me..I will notify them as your suggested. But since I don't have an address, I will just send to my house and have post office forward it. Thanks again and take care...Diana

 

[HomeGuru]

Thanks to all who have replied. Yes, I have been keeping with utilities department and ask them to switch utilities back in my name when they disconnect, and I have been back redoing little things to get house back in shape to rent, like I said they did leave it clean which surprised me..I will notify them as your suggested. But since I don't have an address, I will just send to my house and have post office forward it. Thanks again and take care...Diana

**A: make sure you send the letter via certified rrr mail.

 

[ncpropmgr]

Always state: "Terminate your right to possesion of the premises..." NOT terminate their right to the lease agreement. By terminating their right to possession, you don't terminate their right that they have to pay.