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Home Forums Tenant Trouble Tenant tried to use security deposit for last month rent

Tenant tried to use security deposit for last month rent

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9:31 am
January 9, 2009


Deb

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Troy,
Looking for quick advice on a tennant issue.  I have been receiving your emails and they have been very helpful. 
How do you prevent a tennant from using their security deposit as their last month's rent even though it is stated in their lease that they can't?  It's dificult in this area to ask for first and last month's rent as well as a security deposit but I am beginning to think I may have to. 
I have had tennants not pay their last month's rent and after chasing them for two weeks for it they have said just to take their security deposit.  At this point, obviously, evicting them is out of the question as they are leaving anyway.  Fortunately, I haven't had problems with the apartments after they left but it leaves me with no leverage.
Any advice?
Deb

9:32 am
January 9, 2009


Troy

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Deb, 
First, I suggest you look carefully at your lease agreement to see how security deposit and first and last months deposit are worded.  They should be two seperate issues.
There are two main options with this problem.  Press the fact that security deposit is not a rent payment.  Tell tenant you will take them to court over this.  You can evict them and put a negative mark on their credit.  Be strong and assertive.  Also, try to get inside the rental and view the condition of the rental.  See if you will need to use the security deposit for any cleaning or repairs.  Prepare yourself before they move out.
 
The other route is let the tenant use the security deposit and be done with them.  Personally, I would go the first option before the going with the second option.
 
Please let me know if I can further assist you.
Thanks,
Troy
 
Troy Boldt
Director of Sales and Marketing
 
tboldt@rentingauthority.com
http://www.rentingauthority.com
888-674-9181

10:21 pm
January 22, 2009


carolyne

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I had tenants who gave me their 30-day notice the end of September'08 for a nice house I have in New Mexico. When their rent was not paid by the 8th of October I called them to remind them rent was due on the 1st they said they thought they paid a last month's rent when they moved in. I informed them they did not and that they only paid a cleaning deposit which was only 1/2 the amount of the rent. I suggested they look at their rental agreement. They said they could not find it. So I mailed a copy of it to them. When they rec'd it they emailed me saying they could not pay October's rent (now 15 days late). At this point I did serve them with a 3-day notice to vacate. However, they moved on Nov.1st so I never did get the sherriff's department involved in physically removing them.  They would pay half in December and the other half in January. It is now January 22 and so far no rent.

The tenents were consistently late with their rent. These people moved to Florida and although I asked them several times for a forwarding address they never gave me one. They also did not clean or repair anything so all of their deposit and more was used. They also left without paying 4 months worth of water/garbage bills.

I want to notify the credit bureau's of this. Do you know how I might go about this? Collection agencies say they don't handle 'small' accounts like this and suggested I file a judgement against these former tenants. Apparently I can do this on-line through the county where my property is located.

I would also like to know how to get these “dead beat” tenants name on a list so that other landlord/owners are not riped off by them. Do you have any suggestions?

Thanks for any advice or direction or wisdom you may have.

Carolyne

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