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Old 06-19-2015, 02:37 PM   #1 (permalink)
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Join Date: Jun 2015
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Never received security deposit!

I recently rented one side of a duplex in Ohio. I had the tenant on other side show it for me(I'm out of state). New tenant still hasn't sent deposit. It's been two and a half weeks and he was suppose to send the following day after signing lease. Threatened with eviction and only get excuse after excuse. I know I should have gotten money up front but I'm 500 miles away. What options do I have? Thanks....
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Old 06-21-2015, 01:32 PM   #2 (permalink)
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Location: San Jose, CA
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Security Deposit

Usually a security deposit is given before the tenant moves into the premises. The main reason for a security deposit is that it serves to protect the landlord if the tenant breaks or violates the terms of the lease or rental agreement. It may be used to cover damage to the property, cleaning, key replacement, or back rent.

Since the tenant has already moved in and has signed the lease, the best option you have is to go to small claims court if the tenant does not pay rent or does damage to the premises when they leave. Make sure that pictures or a walk through of the premises is done shortly after the move in to make sure that the premises is not damaged. Pictures should be taken just in case problems arise later on about who did the damage.

If the tenant later does not pay rent, since you have no security deposit to take the money from, small claims court would be the only option that you have. Make sure the the tenant knows that they can be taken to small claims court if they did not pay rent in the future.

Also, every state has its own laws and regulations regarding rent and security deposit rules. Not sure which state this is, but as a landlord the best thing you can do is study the laws and educate yourself on tenants and landlords rights and responsibilities.
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