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Could you please advise us on the following :
We have a situation where we took over the rental management of a property from a rental company, keeping the same tenant. The tenant paid his deposit at the start of his lease, to this rental company, and we have battled ever since to get the deposit paid over to us.
After many phone calls and e-mails, the previous rental agent informed us that the tenant has to give them his permission to pay the deposit to us. The tenant gave his consent. But the deposit was never paid to us. (After many mails and phone calls)
When the tenant gave his notice, he did not pay his last month's rent. He informed us that we could use the deposit for the outstanding rent. We explained to him that this is not according to his contract etc, and in any case, he is well aware that we still have not received his deposit from the previous rental company. We informed him that he has to follow up with them and he has to pay his last months rent to prevent blacklisting. After moving out in March 2009, we still had not received either rent or deposit by November 2009.
We blacklisted him in November after several warnings that if he does not pay his outstanding rent, he will be blacklisted. He now wants to buy a car and is very upset about the blacklisting in 2009, stating once again that we could use the deposit towards the outstanding rental amount.
Can you please let me know if it is our responsibility, as a rental company, to get the deposit paid over to us from a previous rental agent, or is it the responsibility of the tenant? (By the way, the house was left clean and painted and we did not have any expenses to deduct from a deposit)
Thank you so much,
Regards,
~ Marise ~
REPLY:
Dear Marise
It is the responsibility of the landlord to return the tenant's deposit even if he did not receive it. The owner or agent of this property should have returned the deposit to the tenant as it is not his fault that you did not receive the deposit. The owner should then either sue the agency, or open a case of theft at a police station, or claim his deposit through the small claims court from the previous agency.
It is regarded as an unfair practice to list a tenant who actually has paid a deposit which can be used for the last months rent seeing there were not other expenses.
Sincerely
Vivien
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REPLY:
Dear Marise
It is the responsibility of the landlord to return the tenant’s deposit even if he did not receive it. The owner or agent of this property should have returned the deposit to the tenant as it is not his fault that you did not receive the deposit. The owner should then either sue the agency, or open a case of theft at a police station, or claim his deposit through the small claims court from the previous agency.
It is regarded as an unfair practice to list a tenant who actually has paid a deposit which can be used for the last months rent seeing there were not other expenses.
Sincerely
Vivien
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