they have to be evicted for not pay rent? NO I'm not gonna to let them use deposit to pay for rent!
2007-01-31 05:53:59 · 9 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
What generally happens is, you file for the eviction, get a court date, go to court, tell your side and show proof that they did not pay rent. If at the time of court, they have already moved out, take along pictures showing any damages. This gets added on to the back rent owed, plus any court costs. The judge will then take the amount of damages, court costs and rent, subtract what you have for a security deposit, and the tenant owes you the rest. This judgement also goes on their credit report automatically (a court reports all judgements). The tenant makes arrangements to pay you. If they dont, you can garnish their wages or if MI, you can garnish their state tax return.
2007-01-31 06:05:20 · answer #1 · answered by kimmamarie 5 · 0⤊ 0⤋
It depends on your rental agreement. Mine has a clause that says:
"...Landlord shall have the right to retain all or a portion of the deposit to offset any rent which has not been paid, including late fees..."
Also, keep in mind state statutes can come into play. Follow what the state requires regarding return of security deposits/accounting of why they weren't returned.
For example: The state I live requires the return of security deposit and/or a letter with an accounting of why deposits were witheld to be sent to tenant no later than 60 days after the tenant moves out. Even if the tenant breaks the lease, tears out the carpet, breaks the windows, doesn't pay the utilities, etc. You still need to send the letter within 60 days. If you do not, you are obligated, by law, to return the entire security deposit.
2007-01-31 14:38:35 · answer #2 · answered by bshaddeau 1 · 0⤊ 0⤋
No you may not keep the deposit. The deposit is only to be used to cover any damage to the property that is incurred by the tenants and to cover any rent.
In the event that a person wants to leave in the middle of the month, your charge is legally the full months rent. I always ask for two months security and the first month in advance. If the tenant can not pay when the month in advance is due, the eviction starts then. At the end of the month, 2 months are due or the eviction continue. Once served I always have tenants removed. Many times I owe (1) month security deposit, which is forwarded to the address the tenant gives for return of deposit. YES I DO DEDUCT FOR REPAIRS IF IT APPLIES.
2007-01-31 14:09:54 · answer #3 · answered by whatevit 5 · 0⤊ 1⤋
It depends.....If it was written into the contract that the deposit would be withheld for failure to pay rent, then you can keep it. If the tenant is not paying rent, and you want to evict them for not paying, then you can withhold the deposit but only to cover what they owe. If the deposit is more than they owe to you in rent, and the apartment/house is not damaged, then you must refund the balance of the deposit. If it doesn't state that you can hold the money to cover rent not paid, and only states that damages would be covered by the deposit, then no, you cannot keep it. In this case you must take the tenant to small claims court to get the money owed. This may be different in different states, but these are the rules where i live. Good luck getting your money!!!
2007-01-31 14:03:08 · answer #4 · answered by John 1 · 0⤊ 0⤋
It all depends on what the lease says. But, more than likely the lease does state that they will forfeit the deposit if they breech the contract. Since the rent was not paid and now you are forced to evit them they are not entitled to any refund of any money from you. They have broken their lease and by such breech they are not entitled and can not expect the deposit to cover any unpaid portion of rent that they may owe. The security deposit is for damages, not rent.
2007-01-31 14:23:54 · answer #5 · answered by Sunny_1_ 3 · 0⤊ 0⤋
You can keep the deposit because they broke the lease (as long as you have a lease) by not paying the rent..Then you can take them to court and sue them for the unpaid rent..ss
2007-01-31 14:14:09 · answer #6 · answered by Littlebit 6 · 0⤊ 0⤋
You can apply their deposit to the rent they owe when and if they are evicted.
To the person who thumbs-downed my answer: Unpaid rent that was due and is owed is considered damages. Damages in the legal sense is not just the physical (hole in wall, etc). It also covers a monetary loss from unpaid rent.
2007-01-31 13:58:07 · answer #7 · answered by BoomChikkaBoom 6 · 1⤊ 1⤋
If u did I would imagine it would be because of rent?? Unless they're always late? Because you generally keep deposits for damages.
2007-01-31 14:04:43 · answer #8 · answered by help*w*answer 2 · 0⤊ 0⤋
You can use the deposit towards rent owed after they have moved out. You will not have to give it back.
2007-01-31 14:02:46 · answer #9 · answered by saved_by_grace 7 · 0⤊ 1⤋