How do I sign an agreement where tenant moves out immediately in exchange for getting their deposit back?

What is the quickest way to handle this: My tenant from he* finally got some brains and realized that she is willing to leave immediately in exchange for getting her deposit back. I do not trust her whatsoever and am afraid she might take the money then stay. What is the quickest, easiest way to broker this in front of some sort of legal entity -- as in, tomorrow -- and guarantee that the tenant has moved out, has provided the keys back, including the room keys? (she put her own lock on her room door in this housemate tenant situation)

I sent a message to my lawyer but am concerned this will take a while (don't want her changing her mind) while still not providing adequate protections that this person truly is out. Is there some sort of procedure that is followed? Should someone stop by to witness the event?

3 Answers

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  • 8 years ago

    I am sorry you are having this problem. I know what it's like to have a nightmare tenant.

    You definitely do not want to be giving her ANY deposit money back while she is still legally occupying the room, meaning, she still has ANY of her belongings in the room, or her own lock on the door, or still has any of the keys to your house.

    Having a neutral 3rd party agree to oversee the situation is a good idea. If possible, explain to your tenant what your plan is, so that she will not be unhappily suprised, or expect something else. Explain that deposits cannot be returned while a tenant is still occupying the room, for the simple reason that while the tenant still occupies the room ( or legally possesses it even if all her things are moved out, by means of retaining the keys)it is still possible for damage to occur to the room.

    Explain that your plan is that she pack up everything and move it all out of the house (do not let her leave things INSIDE the house), and then you will have a neutral 3rd party witness (someone your tenant agrees to have come, not a friend of yours who hates your tenant) come to observe as you check the room and make sure all her things are out and that there is no damage to the room which you would have to deduct for, and then, in the presence of the witness, show the witness the refund check (get a cashier's check so that she will not have your bank account number) and then hand it to the witness and have the tenant hand the witness the keys. THen the 3rd party hands the keys to you and the check to the tenant. And the tenant walks out of your house, with all her belongings already outside the house, and you are DONE.

    If your tenant won't agree to this and demands that she be given the refund BEFORE she moves out or even packs up her things, explain that such an arrangement is not acceptable. If you want, to reassure her, type up a document stating that she will get her entire sec deposit refund handed to her the minute she moves all her things out and hands you (or the 3rd party) the keys to the room and house. State in the document that a neutral observer will be present to oversee the transaction.

    DO NOT give her any money before she moves out! If she insists on that, just tell her that your lawyer has advised you that you cannot and should not do that, and that therefore you won't be able to do that for her.

    Source(s): Landlord
  • Liam
    Lv 4
    8 years ago

    Put money in a holding account only to be release by you both signing paperwork that keys etc handed back and you happy

    Re change ALL locks straight away

  • 8 years ago

    Write the contract. She gets the money after the place is vacated and she gives you the keys. Not a moment before.

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