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Forum / Move-Out & Eviction / Can I withhold damages from rent refund

Hello, Our tenant moved out of our rental 10 days before the end of the month. We secured a new renter to move in 2 days after she moved out. I initially agreed to prorate her rent and give her a refund for those last 10 days. However, once we were able to inspect the vacated rental it was obvious that the damages and cleaning charges were going to exceed her security deposit. We can now document $4700 in expenses related to damage and cleaning. Her deposit was only $1900. Can we legally also keep the $500 refund for the prorated rent to help mitigate the damages? She has no money. We will not be able to collect any other damage expenses from her. Thanks!

Theresa D, WA on Wednesday, June 4, 2014

RE: Can I withhold damages from rent refund

Is it written down and agreed upon that she would be getting a refund if not keep the monies and send her a notice of the full break down of expenses and repairs. If you are not going to press charges and take the case to court she is getting off easy.

Posted by Susan P, CA on Thursday, June 5, 2014

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