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  1. #1
    Join Date
    Sep 2015
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    8

    Default When Does the Time Start to Run for Returning a Security Deposit

    My question involves landlord-tenant law in the State of: Idaho

    My tenant moved out on 8/31/2015 but still has one key (out of two she had) to the property. She promised to mail it to me the weekend of 9/11, but it is the 17th and I have not received it.

    The Idaho law says I have 21 days to refund her security deposit and that is only a few days from now. She is pressing me for the refund and I am pressing her for the key.

    Does the 21 day clock start running on her move out day or does it start from the point that I have ALL the keys?

    She is an attorney and says it doesn't matter if I have all the keys. She has moved out and that's all that matters. I would be inclined to re-key the property right about now and deduct the cost from her refund if the clock really starts on the move out day.

    Any advise on Idaho law here? The code only states 21 days from move out, but it seems while she technically still has access, it would be illogical to consider the property truly surrendered.

    Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tenant Moved Out but Has Not Returned a Key

    It starts running from the date she surrenders the premises. If you withhold her deposit until the key shows up, you're going to find yourself on the wrong side of the law.

  3. #3
    Join Date
    Sep 2015
    Posts
    8

    Default Re: Tenant Moved Out but Has Not Returned a Key

    Then would you suggest deducting the re-key fee from the deposit?

  4. #4
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Tenant Moved Out but Has Not Returned a Key

    My suggestion as a Ll elsewhere is to always rekey ..and pay keen attention to deadline of security deposit return/accounting from the day of move out or lease end.

    Yes I Get the key return bit..but it's a point not likely to be a winner ....be safer

  5. #5
    Join Date
    Sep 2015
    Posts
    8

    Default Re: Tenant Moved Out but Has Not Returned a Key

    Thank you, but to clarify, would you charge the re-keying to the tenant's security deposit?

  6. #6
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Tenant Moved Out but Has Not Returned a Key

    No. Most smart landlords rekey between tenants anyway. That's the price of doing business. One never knows if the key a tenant turns in is the only one they have.

    Sneaky ex-tenants have been known to make copies of keys and then attempt to rerent the empty units, claiming they own the places.

    Gail

  7. #7
    Join Date
    Sep 2015
    Posts
    8

    Default Re: Tenant Moved Out but Has Not Returned a Key

    Thank you Gail, HRinDEVON and Mr. KnowitAll. I have determined that after spending over $2000 to repair the damages, I am going to refund every penny of her deposit just to be done with it. I am selling the house. I am not cut out for the landlord business. Thanks again.

  8. #8
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Tenant Moved Out but Has Not Returned a Key

    Don't be discouraged. There probably isn't a landlord who hasn't thought of throwing in the towel (or, at least checking to see if their insurance is up to date and seriously considering tossing a match to their empty rental units).

    But then you just pick up the pieces, repair the damages, start looking for new tenants and take the cost of repairs as deductions off next years taxes.

    Gail

  9. #9
    Join Date
    Sep 2015
    Posts
    8

    Default Re: Tenant Moved Out but Has Not Returned a Key

    Thank you Gail. After this experience, I'm sure you are right. I've had a handful of rental homes over the past 40 years, but this one was a terrific headache in that she was threatening me with legal action since I sent her a late notice a month ago. She didn't pay the late fees and threatened me with legal action if she didn't get her deposit back the day after move-out. Even though she agreed to 30 days in the lease, I will be sure her refund is postmarked before the 21 day Idaho deadline. I will send it certified return-receipt. I hope the postmark counts. Not sure how long it takes for actual delivery.

  10. #10
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Tenant Moved Out but Has Not Returned a Key

    If your lease says 30 days then it is likely 30 days. From move out/surrender ...if lease. Is silent it's 21 days from move out/surrender.

    It is perfectly logical /legal to deduct for damages ( not mere wear and tear), just be sure to have a reasonably well spelled out list of the damages...and demerit the balance due her , if any timely .

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