Refunding a deposit

Asked by Norma N Adrian Escobedo, Escobedo Thu Jan 8, 2009

am evicting a tenant, he states the I owe him a deposit. If the contract is not valid do I still have to honor it and refund the deposit?

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Steve Rizika, Agent, Santa Fe, NM
Fri Dec 25, 2009
The security deposit is generally for damages only related to the physical condition of the property. In NM, you most likely will have to refund him his security deposit and seek a judgement from Muncipal Court for the back rent.

Not the answer you want to hear but that is the scoop.
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Dallas Texas, Agent, Dallas, TN
Thu Jan 8, 2009
How could a contract not be valid if signed by tenant and property owner? If you are evicting a tenant you need deposit in order pay for rent not paid. Not enough info determine if the deposit is refunded if you dont have a contract.
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Bill Eckler, Agent, Venice, FL
Thu Jan 8, 2009

This is a question best referred to an attorney for their intrepitation.

Good luck
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