depositreturnpolicy [Sasona Cooperative]

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====== Deposit Return Policies ======

**Deposit Return Policy**

The deposit is charged as follows:

1. Unpaid rent is subtracted.

2. Unpaid labor fines are subtracted, along with any other unpaid fines or fees.

3. $20 is subtracted for each key that is not returned.

4. $10 per hour of house labor used to clean/repair the room is subtracted.

5. Costs related to cleaning/repairing the room are subtracted.

6. Deposit return decisions can be appealed to a house meeting. A simple majority vote is required for the house to overturn a deposit return decision and make a new ruling.

(House vote, 5-17-09.)



**Labor Descriptions**

The Membership Coordinator shall "Determine how much a member's deposit will be charged upon move-out."

- JobDescriptions#MembershipCoordinator (voted on by the House)



Deposit Return / Check Out Forms
Deposit Return _ Check-out Form.doc

Deposit Return _ Check-out Form.pdf



**The Contract**

4. SECURITY DEPOSIT. Resident will pay a security deposit of $500.00 to CHEA when signing this contract. CHEA may use the deposit for any and all purposes. Resident agrees to permit a deduction from his/her deposit for damages to Resident’s room for costs of cleaning Resident’s room when it is in an unreasonably unclean condition, normal wear and tear excepted, upon departure from the house. Resident agrees to permit a deduction for Resident’s pro-rata share of damages to common areas of the house when it is apparent that such damage was done by house members and the house members and the person or persons causing the damage are unknown. Such deduction shall be a proportional share of the cost of such repairs divided by the number of residents in the house at the time of departure.

32. CLEANING: The room, including windows, fixtures, carpet, bathrooms, and appliances must be cleaned thoroughly. If the Resident fails to clean in accordance with house rules, they shall be liable to the house for reasonable charges to complete such cleaning. This includes charges for cleaning carpets, draperies, walls, etc. which are soiled beyond repair. If the room has been painted by the Resident, it must be repainted to colors acceptable to the house. If the resident departs without repainting, CHEA will automatically retain $100 of the Residents deposit to pay for repainting.

34. MOVE-OUT INSPECTION: Resident will meet with a CHEA representative for the move-out inspection. The check-out form (or initial room condition form, as determined by the house) must be completed with current room conditions/ damages (in excess of normal wear and tear) noted. If Resident has failed to completed all assigned house labor, it must be noted on the form. CHEA representative has no authority to obligate or limit CHEA regarding deductions.

35. PET CHARGES: If a pet has been in the room at any point during the Resident’s occupancy with or without house permission, a deduction will be made for de-fleaing, deodorizing, and\or shampooing to protect future residents from potential health hazards. Any pet deposit shall be considered a potential security deposit.

36. OTHER CHARGES: Resident shall be liable for the following charges, if applicable:

1. Any unpaid sums due under this contract.
2. Damages to premises beyond reasonable wear and tear
3. Fair share of repair\ replacement for common area damages
4. Unreturned keys
5. Removing illegally parked vehicles
6. Attorney’s fees, court costs, filing fees, and other lawful deductions, and
7. Any other charges such as guests meals, no-shows, and labor penalties.
37. DEPOSIT RETURN: CHEA will refund to the Resident the balance of all security deposits, after lawful deductions, within 30 days of residents departure from premises. In no case will CHEA refund deposits if resident departs owing CHEA money under this contract or if resident departs without completing check-out forms (or other house approved forms).

- TheContract



**House Rules**

6.3. Move-out: Members are not entitled to a room in their house after the end of their contract unless they have signed a contract for the following semester.

6.3.1. If a house allows a member to stay past the end of their contract, that person must pay a minimum of $15 per day.

6.3.2. A member may stay past the end of their contract so long as the room is not needed at that time for a new occupant, and the membership officer approves the stay.

6.3.3. A member will be evicted if they do not leave at the end of their contract and arrangements have not been made with the house concerning their staying over.

6.3.4. Members will fill out a room condition form upon moving out of the room.

6.3.5. Departing members must fill out a check-out form with the membership officer. The member will not receive any of the remainder of their deposit until this check-out form is completed to the membership officer's satisfaction.

7.8. Texas Law: You cannot use your deposit for rent. Please don't ask.***

7.9. Pet Deposit: The House membership will set its own pet deposit amount. In no case will the deposit amount be less $100 per pet. $50 is non-refundable, as it goes to pest control when the pet leaves. The pet owner is also responsible for any damage done to carpet, rugs, walls, furniture, smell, etc. above and beyond what is normally expected to put the room back into its pre-pet condition. This means a pet owner can be charged additional costs if needed.

**House Rules**

[*** The rule that you cannot use your deposit to pay your last month's rent is covered by Texas Property Code Section 92.108, which you can read here: http://law.onecle.com/texas/property/92.108.00.html . However, landlords are free to keep security deposits if rent is not paid, as covered in 92.104. - parker, Treasurer, March 2010. (This note is intended for explanatory purposes and has not been voted on and is not part of the House Rules.)]



**Texas Law**

Deposit returns are covered by Texas Property Code, §92.101 - §92.109. You can read it here -- http://law.onecle.com/texas/property/index2.html

It says that deposits must be in the mail within 30 days after move-out, tenants cannot withhold rent payment in order to use the deposit to pay rent, etc.

**More links:**

http://www.rentlaw.com/dep/txdeposit.htm

"Because of the lack of any regulatory laws in Texas, landlords treat security deposits as their own the moment they receive them. Few if any landlords keep security deposits in separate accounts for return at the end of the leases." - http://www.texastenant.org/security_deposit.html