Full question:
If my tenant is receiving relocation funds from my lender due to foreclosure for over double the amount of his rent, am I still required to return his security deposit? Next question. I have another tenant that gave notice to vacate before the notice of foreclosure was given on 9/27. He never paid Oct rent. Can I put his security deposit towards his Oct rent or can I only reduce his deposit by the cost of the utilities? Also, can I charge a rental fee for his use of my personal items ex. household items?
- Category: Real Property
- Subcategory: Foreclosure
- Date:
- State: Hawaii
Answer:
Your obligation to return the security deposit is not affected by the relocation funds the tenant receives. You must return the deposit unless you have valid deductions, such as unpaid rent.
Regarding the second tenant, you can deduct unpaid rent from the security deposit. However, you can only reduce the deposit by the cost of utilities if that is specified in your rental agreement.
As for charging a rental fee for the use of your personal items, this will depend on the terms of the rental agreement and whether it addresses the use of those items.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.