Tenant with held security deposit from last months rent : ezLandlordForms

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Tenant with held security deposit from last months rent

Sharon W

started a topic over 10 years ago

I have a tenant who has been in my property for almost 5 years (not a great tenant) and his lease expires on June 30, 2014 and I let him know in writing that I would not be renewing his lease a few months ago. He has found a new place to live in the same condo complex but paid rent late and deducted his security deposit from the rent. He also wanted to negotiate with me prior to paying his rent for moving expenses (no). I sent him an email and mailed a letter demanding payment. Since he is already moving out, eviction is evident. What are my options? 3 day pay or quit or small claims court? Thank you

1 Comment

Richard W

said over 10 years ago

Yes absolutley an demand for payment with notice that this will go to court if not paid in the given amount of time. They cannot withhold the security deposit. You have the right and it must be returned within 30 days after move out. If they have damaged the property it is your right to use that deposit to repair. Be careful though if they were there for 5 years not to mistake damages for normal wear an tear.