April4
Trish over at Hey Lady! Whatcha Readin’? shared this problem in her blog the other day. Basically, she has a tenant who said he couldn’t make April’s rent and that he would be out by the end of March, and “Instead, I come back to Reno to find his door locked (I don’t have a key) and his cell phone disconnected. GRRR!! So April 1st rolls around, he’s nowhere to be seen and I want his @#$% out of the room.” He came back for some of his things, but he still hasn’t fully moved out. So her burning question at that point was whether to give back his $200 deposit. I liked my answer and she kindly said I could share it all here.
We’ve talked about some of the tools of abuse and the tools of recovery, and I think the idea of principles before personalities is a really excellent tool of recovery. I wrote:
I am on the side of all your other readers who say not to return the deposit – with a caveat.
This strikes me as a situation where you need what people in 12-step programs call “principles before personalities.” Like, we tend to want to put personalities first, as in: I feel bad for him because he’s broke all the time, I want to be a nice landlady, I don’t want to get into a big confrontation…. All the stuff about what we feel and what we fear. But if we have some clear principles, clear boundaries, then we can avoid all the vagueness and the confusion.
So my first question would be, did he sign a lease? And if so, what does it say about:
1. what the consequences are when he doesn’t pay rent, or doesn’t pay it on time
2. what his deposit is used for and when he gets it back if it’s not all used up
3. how much notice he has to give you to move out
Some of the “principles” stuff is going to be in local laws, too. Like, my lease says that if I don’t pay my rent by the 10th then I have to pay a certain amount in late fees per day, but also, in California, if I don’t pay my rent on time the landlords can give me a Three-Day Notice To Pay Rent Or Quit. And if I do pay it within those three days, the whole thing is dropped and nothing more is said; if I don’t, and I don’t leave, then there is more legal action they can take to evict me.
Your local laws can probably tell you whether him saying that he was going to move out by the end of March is legally binding, and what to do now that he hasn’t. It seems to me that the question isn’t really what to do with the deposit, because he hasn’t moved out, right? Unless something has changed since you posted this (which would be nice!) your biggest problem is probably how to get his ass out of there….
I think in your position, this is what I would do:
1. Get a key to the unit! Probably by getting a locksmith to come make a second key for the lock.
2. Check the lease and the local laws and see what they say about all this stuff. If there are areas they don’t cover, figure out what my own personal rules as a landlady are going to be from now on.
3. Possibly call up a landlord organization or housing lawyer and ask a couple of free questions about what the appropriate next step is.
4. (Based on whatever they say, but this is what I am guessing): Hand the guy a three-day notice and a letter restating the situation, like: “On x date, you told me that you could not afford April’s rent and would be moving out by the end of March; it is now April 4th and you have neither paid rent nor moved out. As a result, the next tenant I have lined up cannot move in. Therefore, I am deducting the pro-rated rent from your deposit at a rate of $x per day ($x monthly rent divided by 30) until you have moved out. You have 3 days (until midnight on x date) to vacate the premises….” and consequences if he doesn’t, and so on.
(It’s also possible that the deposit wouldn’t cover any cleaning/repairs AND the rent, in which case I’d probably give him a bill for the rent, with late fees (if the lease allowed for late fees) and prepare to take him to small claims court if necessary, and take the cleaning/repairs out of the deposit by themselves.
I really identify with this whole question because it combines a lot of issues I’ve been working through myself in recent years… boundaries, challenges with landlords and housing stuff, and collecting debts, especially from other people I have lived with!
Here are some resources that I think are really powerful for this stuff:
- Codependents Anonymous http://coda.org … for anyone who wants better relationships with themselves and others. FABULOUS for boundary stuff.
- Debtors Anonymous http://debtorsanonymous.org … especially Business Owners’ Debtors Anonymous groups, because landlording counts for that… it’s good for all kinds of money issues, and BDA (or some people abbreviate it as BODA) has awesome guidelines/principles for use in business that I think can be really helpful with problematic tenants…. sometime in the next year I look forward to using them for that myself!
- NACA http://naca.com … it is a really great organization that helps people at all income levels buy homes, and it encourages them to become landlords and offers classes on dealing with all kinds of landlordly issues, so that you get to be fair AND safe.