If you are evicted from the home you are renting, can the landlord keep the security deposit? If he does keep it, should he have to apply it to the money that is past due to him?
2007-01-04 00:44:49 · 8 answers · asked by Jess 2 in Politics & Government ➔ Law & Ethics
The property was left in very clean and undamaged condition. Doesn't he have to use the security deposit towards the funds that are owed him?
2007-01-04 05:16:44 · update #1
That's exactly what the security deposit is for: should you default on your rent payments or screw up something in his/her house. So yes he's entitled to it and when it's all said and done you may still owe more-- unless your deposit is more than what you owe in back rent (then he owes you the difference from what's due in arrears.)
2007-01-04 00:47:41 · answer #1 · answered by gabound75 5 · 1⤊ 0⤋
It depends upon the condition of the property when it was returned to him. If the property is damaged, or in need of serious repairs outside of the normal wear on a rental property the security deposit can be used towards that, you will still be responsible for rent in arrears. Otherwise the security deposit can be used towards back rent.
2007-01-04 09:01:13 · answer #2 · answered by smedrik 7 · 0⤊ 0⤋
Depends on what the contract indicates. Security deposit is supposedly for repairs after people moving out. Check out the contract.... Some times the contract does not allow for the security deposit to be applied to past due rent...
2007-01-04 08:48:47 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes to both questions. If you break your contract for any reason the landlord has the right to keep the security deposit. That deposit should be used to reduce the losses he's incurred.
2007-01-04 08:48:15 · answer #4 · answered by thomas 7 · 0⤊ 0⤋
If you are being evicted that means you defaulted on your rental agreement and your security deposit is his not yours.
Security deposits exist to protect property owners from tenants that are unable or unwilling to meet the terms of their rental agreement.
That would include - failure to pay rent and destruction of their property..
2007-01-04 08:53:01 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Yes, he should apply it to any monies due him. But if you are square on your rent, he has to use it to clean and prep the home for the next tenent. If you leave the house neat and clean, then he has to return it to you. He also has to give you an accounting of what he spent out of it.
2007-01-04 08:49:41 · answer #6 · answered by Sharyn 5 · 0⤊ 0⤋
It all depends on what you are being evicted for, and what condition your home is in, and yea, if you are past due he can keep it for that reason
2007-01-04 08:46:45 · answer #7 · answered by Kelly H 4 · 0⤊ 0⤋
Yes. When their rules are broken, (i.e., not paying rent), they have a right to get their money that way, plus court if necessary.
2007-01-04 08:47:07 · answer #8 · answered by Anonymous · 1⤊ 0⤋