When

[@iprobablywontseeyourreply.7193]

Rob themselves of THEIR security deposit? You should know that is not THEIRS. It’s security that is to be returned and only taken out as much as is needed to repair damages over wear and tear. I am not longer a tenant but I can tell you not one landlord I’ve ever had or known was using security deposits illegally. Not one ever gave them back w/o a fight even if nothing was wrong, use it for normal wear and tear, I even had one keep it after the home was destroyed by a flood then tried to tell me I “got enough from FEMA”. Landlords don’t seem to understand what deposits are for expecting tenants just don’t know their rights. I just won a settlement against a landlord from a year ago, now they owe double. Bc he wanted to bank on me not doing anything. So please don’t further this by titling it robbing themselves of THEIR security deposit as if it was theirs to begin with. Bc that is literally how most of them see it.

[@LandlordAttorney]

Sounds like you've had some bad experiences with Landlords who mishandled deposits in other ways. This video in no way encourages Landlords to break the law. Deposits should be returned after all valid deductions have been applied. This video advocates for proper application of the law and responsible management of the lease when it comes to a deposit.

[@LandlordAttorney]

You'll notice this part of my discussion at 7:32.

[@Mocha-Latte]

Can’t name a single good experience with a landlord.

[@LandlordAttorney]

@@Mocha-Latte Landlords are a little like dating partners. Just because a few haven't worked out, doesn't mean there isn't a great one right around the corner.

[@Mocha-Latte]

@@LandlordAttorney not in the slightest, I don’t pay 90% of my paycheck to my partner so they can do the bare minimum.

[@Dwayne-mb2uj]

In my life I have had two landlords who thought that the deposit was just theirs without good cause.

[@LandlordAttorney]

If you were in Texas at the time, the security deposit statutes favor the tenant when the Landlord wrongfully withholds these funds.

[@williampalmer7026]

thank you, another great video.

[@LandlordAttorney]

Thanks again!

[@barrymick5161]

My renter recently pulled out the refrigerator to clean behind it. It had a water line in the wall. When they moved the refrigerator back in place they did not check to see if the water line was secured. Later it dripped out under the kitchen floor for about a week until a plummer could figure out where the leak was coming from. The floor was already damaged and had to be replaced. It is only costing me about $900. I am only having a friend replace the floor. Unfortunately my deductible was $2000. Are the renters at all responsible for any of the damages. Just to let you know I did not ask for them to clean behind the refrigerator. I only told them in a few months I was going to come by to clean the coils in the fridge. Thanks Ernie.

[@LandlordAttorney]

@barrymick5161 Generally, if the floor was not harmed because it was already going to be replaced, then there is nothing to demand from the tenants. They essentially caused no additional damage than time had already caused.

[@user-lz6dm5lk9y]

Hello. Thank you for discussing late fees and security deposits. I have some questions about late fees that you did not address. I read somewhere that the Texas supreme court issued an opinion that landlords may only charge "a reasonable late fee" such as 10% of the regular rent payment. So, for example, to charge 30% of the normal rent payment as a late fee is "unreasonable." Could you tell us which Texas supreme court case this was and where to find it? Another question is can a landlord charge a late fee for rent that is paid late because of operation of law over which the tenant had no control? For example, a senior citizen tenant pays rent out of his/her sole income which is SS, but one month SS significantly reduces the tenant's SS payment due to operation of law. The tenant fails to pay that one month's rent on time for this one reason. Can a landlord still charge the tenant a late fee so long as the lease provides for a late so long as the rent is not paid on the 1st of the month (no grace period is permitted)? Is that equitable? Would a court uphold a 30% late fee in such a case? Thank you!

[@LandlordAttorney]

Late fees in Texas rentals are controlled by TX Property Code Section 92.019, which essentially sets monthly limits to 10 or 12%, depending on the unit and the applicable facts. Unless the lease allows for additional time, there are generally no excuses for late rent. However, 30% sounds unreasonable.

[@user-lz6dm5lk9y]

Thank you, I agree! Can you give me the citation to the Texas supreme court case that said 10% was a reasonable amount? I do ot think the court set a limit on late fees, but I really reading somewhere that the court mentioned 10% as reasonable. @@LandlordAttorney

[@juanitastewart5645]

I think I might need help with a landlord withholding $300 for “partial” painting. There was a scuff and we had a little bit of paint so we painted over the mark. It turned out to look a little bit darker than the beige paint that was already on there but not horribly. Also they charged us for a new toilet seat. There was no damage the only thing I can think of is they may have become oxidated. I also paid $400 to have the whole place cleaned and carpet cleaned per lease agreement we had to have it almost prestine and stretched as well. We also had the yard mowed and trimmed. It was pretty much move in ready. All in all they kept 850 of almost $1700 security deposit. I feel most of the stuff on the itemized list were wear and tear. How can I dispute this?

[@markpoultonsrules]

Can you put an example of an Applicationnof Funds clause here?

[@LandlordAttorney]

Regardless of any notation on a payment, Landlord may apply funds received from Tenant first to any non-rent obligations of Tenant, including but not limited to, late charges, returned payment charges, repairs, brokerage fees, periodic utilities, pet charges, and then to rent

[@markpoultonsrules]

@@LandlordAttorney You rock. I wrote a book on DIY evictions in NC and I enjoy your content. Keep up the work.

[@LandlordAttorney]

@@markpoultonsrules You're very welcome.

[@kellymerritt8916]

Does return of security deposit "within 30 days" also mean postmarked within 30 days? My former landlord said adjudication of my deposit was "out of sight, out of mind" and may take longer than the 30 days to get back to me. If he puts it in the mail on the 30th day, would that be considered "received"? Also, what if a Landlord fixed a window that was broken by the tenant, but never submitted an invoice to them. Are they allowed to deduct from your security deposit the cost of the window after the fact?

[@LandlordAttorney]

The post-mark should be sufficient to determine that the refund was timely. An invoice is not required for the deduction to be valid. The deduction simply has to be itemized for the tenant. Validity of the deduction is a matter for a court to determine if either party files a lawsuit under these facts.

[@MrMikey1273]

Never ever allow payment on the security deposit. I did that one time and it was a mistake. They were eviced in months. From then on if you dont have the rent and the deposit you cant afford to live there.

[@LandlordAttorney]

Yep. These are tough life lessons. Valuable, but tough.

[@citlalimiguelcm]

Question: Should we charge for the wall painting for the entire unit or deduct just the rooms that were needed to repaint? We ended up painting the entire unit.

[@LandlordAttorney]

That depends on the basis of the needed repair. Was the repair for some damage that exceeded normal use or normal wear and tear? Additionally, what amount of the painting was necessary to remedy the damage? These are the fact issues you must consider in determining what you can charge to the tenant. Often, I tell Landlords, "If there's no question, charge them, but if it's 50/50, it's a risk of a lawsuit." In this situation, consider whether the cost is low enough to waive it in an effort to avoid litigation.

[@citlalimiguelcm]

@@LandlordAttorney Currently dealing with a tenant that left the unit with paint patches (slightly blue paint), looks like he was probably trying to cover small holes on the sheet rock or scratches but now the entire unit is two tone patchy walls throughout the unit. Lease agreement stated that no painting is allowed, but move out checklist said to paint all walls at original color (if applicable). We got our first 4plex back in July so this is our first security deposit refund we are dealing with! 😬 I really appreciate your time 🙏🏽

[@LandlordAttorney]

@@citlalimiguelcm Sounds like the Tenant tried but failed. Did they use paint that you authorized? If so, that might get them off the hook. If they picked out their own color hoping that it matched, that's where they went wrong. What will it cost you to fix the problem?

[@citlalimiguelcm]

@@LandlordAttorney Paint was not authorized & tenant didn’t notify us that they were even going to paint. He did just ask if we had the original color but nothing more. Sent him the paid invoice of $650 & returned the remaining $50 of his security deposit but now tenant is claiming it’s not fair. We will be scheduling a meeting with you soon since I just found out you are not far from us & we are needing a transfer on death deed on one of our properties. By any chance do you speak Spanish? 🙏🏽

[@LandlordAttorney]

@@citlalimiguelcm yes. I and multiple members of my staff speak Spanish.

[@RonS123-l5k]

Mr. Garcia I am curious if its legal for a landlord to ask a tenant to buy out of their lease and take their security deposits, because when I moved into my apartment the previous management did not require this if a tenant wanted to break their lease. However, the new management charge me the double deposit that I was initially required from the previous company. Even after asking them why, they did not clean the apartment before I moved in, they even left the key inside the unit, it was discriminatory in their action toward me even though I met the requirements.

[@LandlordAttorney]

It sounds like you are asking if it is okay for a Landlord to require a fee to a Tenant who wants to terminate early. If so, yes. Is it okay for management to require additional deposit at lease renewal? Yes. Would you need to pay additional deposit during the middle of a lease? No.

[@genew5758]

People may call me crazy, but I don't bother charging security deposits because of all the legal rules and laws. I however charge a nonrefundable move in fee instead. Move in fees are a much better way to handle things.

[@LandlordAttorney]

I always tell Landlords to make sure that any nonrefundable fees are actually applied to real costs (cleaning fees, maintenance, repairs, etc). And you're always going to need the receipts in case you need to prove these costs in a lawsuit where someone makes a claim that your "fee" is just a deposit in disguise.

[@genew5758]

Yes exactly. I have them sign it in their leases that the move in fees are non refundable, so they cannot come back and say they didn't know. Some places use the term administrative fees as opposed to saying security deposit. Changing the language makes a world of difference.

[@LandlordAttorney]

@@genew5758 Always keep your receipts to prove how these funds are applied, and you should be okay. However, no course of action is full proof, so don't be surprised if someone tries to sue you. Just be ready for it.

[@guerline685]

Question I paid my Lanlord $7000 thousand dollars deposit to move in and now I have the renew the list and went up in the rent and he ask for another security deposit smh

[@LandlordAttorney]

Unless deposit funds were previously applied to applicable fees, the security deposit doesn't just evaporate because the lease is renewed. However, a landlord might ask for the deposit to be increased if the monthly rent will also increase.

[@guerline685]

@@LandlordAttorney I move last year I paid a deposit now he want up in my rent I was paying 1900 now he want me to paid 2400 plus he want me to give him another deposit for $4800 and the old tenant said he did that to her that’s why she move

[@guerline685]

@@LandlordAttorney he want people to paid a deposit every year smh. And when people move out he don’t even want to give them they deposit

[@LandlordAttorney]

@guerline685 You can sue a landlord in Texas for up to 3 times the value of a wrongfully withheld deposit.

[@guerline685]

@@LandlordAttorney I stay in Florida thank you so much

[@samuelfarrah2986]

If I have a tenant at will and they are not allowing me into the cabin on my land, do i still have the right to demand they let me enter to inspect the building if I have absolutely no lease?

[@LandlordAttorney]

You should always have the right to Inspect your own property, but you may need to consult an attorney in the event that your local jurisdiction requires something further. Are you in Texas?

[@samuelfarrah2986]

@@LandlordAttorney Yes I am in Texas

[@samuelfarrah2986]

@@LandlordAttorney I have absolutely no lease agreement and the tenant has not let me in for 4 months.

[@LandlordAttorney]

@@samuelfarrah2986, as long as you can enter peacefully, you should be able to access the property. However, you may need to send a Notice to and begin the Eviction process.

[@frankw9836]

i have been renting a House for the past 8 years. unfortunately my landlord passed away and her children want to sell the house, they gave me 4 months notice. I will not pay the last months rent and use my deposit instead, because my deposit has never been protected as required by law !

[@LandlordAttorney]

Make sure you're allowed to do that. In Texas, claiming that your security is your last month's rent is grounds for eviction, and, depending on your lease, could subject you to certain civil penalties. Just research it before you act.

[@frankw9836]

eviction ? lol its my last rent, which means i move out! @@LandlordAttorney

[@vrijmatipersaud1256]

Section8 gives LL a VOUCHER for security deposit A piece of paper saying it's illegal for tenants to pay SECURITY DEPOSIT IN CASH TO LL. When the tenant leaves and any damages LL has to send pics of the damages to Section8 IF Section8 is satisfied then LL gets one month rent AFTER THREE MONTHS INVESTIGATION THATS NYC LAWS!! What else is there to take away from LL?

[@LandlordAttorney]

NY law is different from Texas law, and federal funding makes things even more complicated.

[@roberthall6161]

It is not FREE money.

[@LandlordAttorney]

Correct. A deposit is used to cover the valid costs and fees left unpaid by the tenant after the tenant has vacated. Any balance after these costs and fees have been deducted should be returned to the tenant in accordance with state law.