Lease Terms vs. e-mail

[eroberts]

I have a rental property with a 1 yr lease. The tenants paid 1st monthes rent and a security deposit (same amnt as rent). The lease states that the security deposit will be held until 30 days after move out, then remaining monies will be returned. The current tenants gave notice two months ago (via e-mail). They asked if their secuirty deposit could be used as last months rent. At the time I had no idea of what state the house was in. After agreeing, only by e-mail, I had an inspector look at the house. ( I am out of state.) There were several issues where the tenants had breached the contract and they were very difficult when I brought these up.I do need the security deposit to offset costs that I will incur, therefore need them to pay last monthes rent. My question is: Did the e-mail where I agreed to let them use their security deposit for last months rent override the terms of the signed lease agreement, or does the lease take precedance. Is the fact that I never recieved anything in writing from them other than e-mails matter regarding lease termination have any impact on this? Any advice is much appreciated.

 

[Gail_in_Georgia]

Could go either way in a court of law. This is why you NEVER agree to let tenants use their security deposit in place of the last month of rent. And certainly not when you do not live in the same area as the rental and thus do not have a chance to view the condition of the place before agreeing to anything.

At this point you notify your tenants that an advanced move out inspection has indicated that there is damage above normal wear and tear and because of this, you can no longer allow them to use their security deposit for their last month of rent.

Was this security deposit to be used as the rent for July or August?

Gail

 

[eroberts]

The security deposit would be used for July rent. The term of the lease was until July 31st. If she doesn't pay for July, (which I'm sure she won't) do I have any recourse if after July 31st if there are costs that I incur to bring the property back to a leasable condition? (ie carpet cleaning, painting, etc.)

 

[Gail_in_Georgia]

Yes, you can consider a lawsuit then. However, you would need to know where the tenants are now living so they can be served with such a notice. This is often difficult to do and one reason more and more landlords are filing lawsuits against tenants BEFORE they vacate the premises.

Gail