Do I have to return rental deposit

United States
October 23, 2006 7:42am CST
I am renting a mobile home, the rent is due on the first of the month. We told them on the 10th they had two weeks to get out. Do we have to give back their deposit, even though they were late on the rent and they are gooing to be out within the two week period? Please help me figure out what to do.
6 responses
• United States
18 Jul 07
Unless it is stated for first and last then you are unable to keep the deposit for a late rent. Here in Florida you have 10 days after they move out to send them a letter on intent. That allows you to inspect the home after they move. Remember to take pictures or video before someone moves in and then again when they move out. You might want to thank about a renter's contract like I have with my renters. Month to Month just states that the rent is due on the first of the month and becomes late the 5th of the month. It also states that late fee is $37.00 for the first day the rent is late and $2.00 per day there after. I dont know what state your in but for the most part, deposits are for damages to the home unless other wise stated before hand. Check with your local landlord tenets rights. Here a tenet must give 30 days notice to move and a landlord can evect someone within 3 days however must goto landlord tenet court.
@twmoores (567)
• United States
23 Oct 06
I believe so, unless you asked them to leave for property damage ect. If that is the case you can keepit.
• United States
23 Oct 06
Where I live you can give an eviction notice but it has to be for 30 days. In a case of nonpayment of rent it is legal to withhold the refund of the deposit for the money owed. I would check with the laws in your state to see what rights you have as a landlord.
@vipul20044 (5800)
• India
23 Oct 06
You can hold it till they pay the rent! If they dont, you can deduce it from the deposit If they leave peacefully alongwith paying the money then return the deposit no harms done
@lisan22 (191)
• United States
23 Oct 06
I agree check your state laws. And FYI - if you don't have a court order telling them they are being evicted then legally speaking they don't have to leave. If they are leaving anyway and they pay you the rent they owe before they leave - then I would return the deposit. If they don't - I would keep it. Generally speaking a judge would allow you to keep the money if the rent was not paid. However, if they did pay the rent and little to no damage was done to the property then you would probably have to give it back.
@claudia413 (4284)
• United States
23 Oct 06
It probably depends on what the deposit was for. Was it for last month's rent or security deposit to be returned if no damage done? And it might depend on the laws in your state...check on your state laws regarding rentals.