I agree with Tim - Posted by Tony Colella
Posted by Tony Colella on November 27, 2007 at 15:13:32:
Shawn, let’s face facts, any money not held by you will not be collected by you if your tenants causes damage in excess of the security deposit.
The clause you came up with is little more than smoke and mirrors.
Let’s think this through. Tenants causes excess damage and moves out in the middle of the night. You will be lucky if you could find them to remind them of the clause. Mailing them a letter isn’t going to make them do anything. So you go to court. The only thing your clause says is that they must pay promptly. Well that’s not going to happen if they trashed the place and left.
You are no better off than any other landlord who might choose to sue a tenant for damages, clause or no clause. If for example damages are $1,000 and you have a security deposit of $600, what’s to stop any landlord for suing for excessive damages?
Next, we can all agree that you cannot get blood from any stone. Your deadbeat trashed the place and fled to parts unknown. My section 8 tenant wants to stay on the voucher system so they find a way to come up with that $400 in order to get a letter saying that they are leaving in good standing.
Scenario #2. Your tenant trashes the place but does not move out in the middle of the night. You are going to evict them right? So they move out and you face scenario #1 with a judgment in hand. See the part above about bleeding stones.
Scenario #3. You leave the tenant in place and expect them to pay for the damages. Ok, what if they don’t pay? Then you are back to scenario #2.
After all is said and done you are left with a smoking mirror, a judgement for blood from a stone and one clause that did nothing more than any other landlord and tenant scenario faced.
Again, it makes no difference to me if you rent to section 8 or not. I do care, for you sake, if you are allowing yourself to believe some clause in a lease will protect you when in reality it does not.
Tenants come and go and most will never see their deposits because they always believe that deposit will be applied to the passed due rent.
So you are right, there will likely be a balanced owed if there any damages but if they could not pay the rent, they surely cannot pay you for damages.
Shawn, I am not saying you are wrong to refuse to rent to section 8 tenants, many landlords do that. People come to this site for insight into ways to do things better or differently and in some cases for a different (even if drasticly) perspective. No offense intended by any means.
Tony