Security Deposit Not Paid In Full : ezLandlordForms

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Security Deposit Not Paid In Full

Michael M

started a topic over 10 years ago

Upon tenant signing the lease they were not able to paid the full security deposit with first months rent, they paid only half of the deposit. In the lease I stated that with the second months rent they must pay the 2nd half of the deposit, which they agreed to and signed. Now its the 2nd month and they keep telling me that they are still waiting for their deposit back from their last apartment deposit, and supposedly have not yet received it due to their former landlord not returning their phone calls and on top of it that's why they still have the keys to their former apartment. My question is can I charge them late fees for not receiving the remainder of the deposit? If so can I give them a notice to pay or vacate if it is not paid?

1 Comment

Mary R

said over 10 years ago

I don't believe you can charge late fees on a security deposit however, you can provide a notice to vacate if this agreement was part of the lease. If it is a part of the lease, they are now in violation of the lease agreement which indicates they would pay security deposit in two payments.