A summary of articles which Michelle has published in her rental blog
2010/07/08 10:14:33 AM
 Michelle Posts: 97
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Please read my latest Blog about who is responsible to refund the tenant's deposit if the property is sold or the estate agent is liquidated. http://tpnrent.blogspot.com/2010/07/deposit-repayment.html
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2010/07/12 08:59:52 AM
 Maryke Posts: 6
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Should a tenant's deposit be paid back if he moved without giving a months notice as stipulated in his contract? This happened and the I found another tenant for the property. Should I give back the deposit seeing as I had costs to find another tenant in a short time?
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2010/07/12 09:57:56 AM
 Michelle Posts: 97
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Hi Maryke, the tenant was in clear breach of contract. When you refund the deposit you must recon the deposit held less all damage costs. The damage costs would include items such as marketing to find the replacement tenant, commission payable for the breach period, the cost for credit checks etc. (If you were unable to find a replacement tenant and the property stood empty - the unpaid rent for that period would also form part of the damages claim).
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2010/07/12 02:03:18 PM
 rentals Posts: 1
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I signed a lease agreement for 6 months but start and finish dates are only 5 months. What does one do in this case when the tenant gives notice to vacate at the end of June when in fact the lease is only due to expire at the end of July. Is the lease null and void as the time period and dates do not match. If the tenant entitled to his deposit or is it forfeited in favour of July rent?
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2010/07/15 05:06:30 PM
 mjwthorne Posts: 12
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Yes you should, if you found a replacement tenant and suffered no loss you have to pay back, you cannot enrich yourself at the expense of the tenant. If you suffered some loss then you would be able to deduct that cost from the deposit, was there repairs, was the water paid, power, clean and so on, as long as you can provide evidence that you have suffered that loss, then you can deduct from the deposit and pay the balance back with an invoice to the tenant, if you can contact the tenant. You could after giving the tenant written notice, place the tenant on TPN as a absconding tenant and warn others about him, and I would do this. Mike JW Thorne, CEA, MIEA, CRS (USA) Landlords
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