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    wharris123's Avatar
    wharris123 Posts: 1, Reputation: 1
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    #1

    Aug 10, 2008, 11:33 AM
    Can I use the deposit for unpaid rent?
    Hi I have a tenant the refuses to pay his last month rent. I need to know if I can use the deposit to unpaid rent? What are the ramifications if I do? This tenant has done damage to the apartment as well. He refused to pay rent based on things he broke in the house. I fixed most everything, some items are in process. I serve a Wit and planned to follow up with a Eviction Notice but he left early on the 6th of August, lease ended August 19, without notice. I received a email on the 9th that he had left and he was sending me a certified letter. What can I do? I plan to file at small claims court? Suggestions.:(
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 10, 2008, 12:46 PM
    Quote Originally Posted by wharris123
    Hi I have a tenant the refuses to pay his last month rent. I need to know if I can use the the deposit to unpaid rent? What are the ramifications if I do? This tenant has done damage to the apartment as well. He refused to pay rent based on things he broke in the house. I fixed most everything, some items are in process. I serve a Wit and planed to follow up with a Eviction Notice but he left early on the 6th of August, lease ended August 19, without notice. I received a email on the 9th that he had left and he was sending me a certified letter. What can I do? I plan to file at small claims court? suggestions.:(

    You file for unpaid rent; he will countersue for the unreturned security deposit; you present your case; he presents his; the Court awards something to someone.

    Or he could sue you for the security and you could countersue for unpaid rent.

    How do the figures work out - who owes a balance? Him for unpaid rent and uncovered repairs or you for the balance on the security deposit - ?

    If he had a lease and it expired at the end of its term I'm not sure he had to give you notice. How does the lease address renewal or non-renewal - ?
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