Landlord Question and Answer Forum

Hi there, Had a month to month tenant (which I inherited when I purchased the place last year). Had to give him notice to vacate due to my family members needing a place. It was a 30-day notice, he moved out in 2 weeks. There was no security deposit, but am I obligated to return 2-weeks worth of the rent he paid me? And if so, how long do I have? Another question, perhaps wrong forum, but its related to the same tenant. The tenant owned the appliances- fridge and stove -but did not take when moved out. Although I didnt need a fridge, stove would have been nice, if it worked. Im not sure if he did it on purpose, or not, but the stove was missing the operating board (where timers, settings, on/off buttons are), so it was useless. I had to haul it out and junk it, then buy a new one. Obviously I would not charge him for the stove, it wasnt mine to begin with. But can I charge him for removal of the old one? If so, whats the reasonable amount? I had all intentions of returning his 2 weeks worth of rent where he moved out 2 weeks early, and it did help my family members' situation since they were able to move in. But I am really on the fence with this guy, since he didnt take it, knowing that it wasnt good, he even offered to sell it to me before moving out. So I am very frustrated with the situation, and (now its been 10 days since he moved out) he started calling me demanding the money. I just dont know how to approach this. Please help... Thanks to all in advance!

Yes you should be able to charge him for disposing of anything that was left. I would think $25-$50 would be a reasonable charge. Did he give you any notice that he was leaving early or was it just hey i'm out? Returning his money would be nice especially if you had someone moving right in, however I think you would have a case for keeping it. As to the time frame I would think of it like returning a security deposit, here in Indiana you have 45 days but that is state specific.

Posted by Curtis B, IN on Saturday, June 2, 2012

Hi, Thanks for reply! I gave him a 30-day notice. He kept in touch with me, and did tell me he would be leaving early. I figured I would treat his refund as security deposit, and mail it out after 30 days, but wasn't sure what the law was on that.

Posted by Yuriy K, ME on Monday, June 4, 2012

If he moved out early, that was his choice. You owe him nothing. Why was there no security deposit? ----- Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. Also, since State/Local laws vary, you should check with a Real Estate Attorney. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

Posted by Bob R, CA on Wednesday, June 6, 2012