Can I charge fees not previously billed?

[marybl]

Hello,

I have a disgruntled tenant who mutually agreed to move out early of her contract (8 of 12 months satisfied). She demanded her deposit back but I insisted on mailing. She filed suit the next day for it in magistrate's court and other made up charges. SC allows 30 days to return the deposit so I can inspect the unit.

She brought a pet in which was not part of the agreement, and I never told her about the late fees being incurred for each of the months she was late. Because I didn't bill these prior (I don't bill ANY tenant - they just pay), is it too late to deduct these from her deposit before I return it? Of course, a judge will see this when it goes to court at a later date.

Thank you.

 

[army judge]

Whatever you do, it shod not appear retaliatory.

I suggest you counter-claim against her in her lawsuit for those charges and fees you failed to bill her for previously.

Deducting those fees now could make you appear to be vindictive.





I'd return the deposit in order to comy with the 30 day requirement. I'd deduct any damages you can substantiate from the deposit, and provide documentation to support the deductions. Pictures and videoes do
wonders to support your allegations, as well as receipts for reasonable repairs and cleaning.

I'd also read your lease. You might be able to claim additional damages against her for breaking the lease, as
well as damages for loss of rent while you ready the unit and secure a new tenant.


That, however, should be part of your counter-claim, if possible.

 

[jacksgal]

Where I agree with AJ on appearence I dont see why you cannot deduct these fees if they are in lease agreement. You say there was a mutal agreement to move out what did that entail and was it in writing? These are important issues

 

[marybl]

Thank you all for your input. Not appearing retaliatory sounds wise. Counterclaim does as well. I don't think I can include lost rent because I agreed to let her out of the contract (even though it does state lost rent requirements).

If you'd like more detail, she was very disruptive, and most belligerent tenant we've ever. Police onsite multiple times. Finally I said she could leave before her contract was up if she wanted to just to be done with it. She did. I said at that time with police present that I'd return her deposit (I meant, but didn't say, less repairs).

Her suit included property management of $1000 (she did open the next door unit twice for prospective tenants), my other tenants use of her property for $150, which I know nothing about, cleaning fee!, and of course, her deposit, and other misc things.

She never returned her key and we never formally signed any sort of "exit agreement" which I know I should have now. All was verbal. =( Working now to write one up for future use.

Soo.... was wondering if I could reduce the deposit by late fees, damages etc, even though they weren't billed out previously and I agreed to "give her deposit back". =/

Thanks again.

 

[jacksgal]

What were the terms of the verbal agreement?

 

[mightymoose]

From what you say here, it sounds like you might be able to justify any pet related damages/cleaning, along with anything else that is not normal wear and tear. Since she did not return the keys you can also bill her for the cost of changing locks if you opt to do that.

Don't worry about her exaggerated claims. She will have to justify those claims just as you will have to justify your various deductions from her deposit. The more absurd her claims are then the better off you are.

Make sure you return whatever portion of her deposit is left within the allowed time, and make sure to include an itemized list to indicate where the money went.

 

[marybl]

jacksgal: It was recorded by the officer as such: "tenant advised she does not want to move out before her contract is up because she does not want to lose her deposit. Owner did advise that if she would move out before her contract is up he will return her deposit" - She was very irate and I wanted her out - in summary I basically said I'd give her deposit back if she wanted to move out. Poor, I know. =/

mightymoose: Great thoughts! Thank you.

I think I'll send the deposit back, less repairs and pet cleaning fees. I guess I could also counter claim with the late fees and admin costs since that might appear vindictive if I removed it from the deposit returned.

Thank you all for your help and time. If you like, I'll post back the outcome. Until then, any additional in put always welcome.

 

[jacksgal]

Did your agreement say you would return deposit less damages or just return?

 

[marybl]

Did your agreement say you would return deposit less damages or just return?

Original written agreement was less repairs and lost rent but I verbally said that day "return deposit" and did not specify.

Hmmm. I didn't specify all or not. Does that mean original written supersedes?

 

[jacksgal]

Written agreement usually trumps oral however if a witiness states what you said or Judge agrees you made this statement it could prove to be a problem

 

[mightymoose]

It won't be a problem as long as you can justify the deductions.