Mountains of Western North Carolina

Tenant Release From Damages

If a Lease Contract has been renewed and an existing Tenant(s) does not renew (“Vacating Tenant(s)”), or if a Tenant(s) is released from a Lease Contract (“Vacating Tenant(s)“), the Remaining Tenant(s) and any New Replacement Tenant(s) need to inspect the dwelling unit for damages. Remaining Tenant(s) and any New Replacement Tenant(s) must notify Landlord of any damages found and which Tenant caused them (if known). Failure to notify Landlord of any damages caused by a Vacating Tenant(s) will result in any damages becoming the responsibility of the Remaining and New Tenant(s).

Vacating Tenant’s share of the security deposit to be refunded is prorated based on the number of Tenants on Vacating Tenant’s Lease Contract. Example: If Tenants have paid Landlord a $900 security deposit and there are 3 Tenants on the Vacating Tenants Lease Contract, then the Vacating Tenant would be entitled to 1/3 ($300) of the Security Deposit.

If the Vacating Tenant(s) share of the security deposit is not sufficient to cover all physical damages listed and/or other monies due that the Vacating Tenant(s) is responsible for paying under the terms and conditions of the Lease Contract, then the remaining Tenant(s) is responsible for any payments for past due rent, late fees, extra rent, other rent, utility and service charges, fines, damages, services, repairs, maintenance, charges, replacements, etc. that are owed to Landlord by Tenant(s) under the terms and conditions the Lease Contract. This in no way relieves a Tenant(s) from any responsibility they may have under the terms and conditions of their Lease Contract and any renewals of it to pay for any damages or monies due regarding the dwelling unit they are leasing.

Remaining and New Tenants must list any damages that the Vacating Tenant(s) should be held responsible for. If damages are listed which are deemed to be the responsibility of all the Tenants in the dwelling unit, the Remaining Tenant(s) will either receive a bill for their share or have it deducted from the security deposit for the Lease Contract they shared with the Vacating Tenant(s). If damages are deducted from the Remaining Tenant’s share of the Security Deposit and there is a remaining balance, the remaining balance will be transferred to their new lease contract and they are responsible for paying any monies still owed on a timely basis.

If we do not receive this form by that date stated in the email you received from HMR, HMR will assume there are no physical damages to be deducted from the Vacating Tenant’s share of Security Deposit and will refund the Vacating Tenant’s share of the Security Deposit in full less their share of any past due rent, late fees, extra rent, other rent, utility and service charges, fines, previous damages, services, repairs, maintenance, charges, replacements, etc. that are owed to Landlord by Tenant for the Lease Contract.

Examples of possible damage: Screen bent, hole in screen, missing screen, Broken blind, Hole in wall, Hole or Burn in carpet, ext…
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    do hereby release the Vacating Tenant(s) listed above from any physical damages that occurred during the tenancy we shared at the dwelling unit listed above.


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