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Old 08-02-2007, 10:53 AM
 
5,044 posts, read 5,072,613 times
Reputation: 3116

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Hi there
We are in the process of evicting our tenant for trashing the house.We had a court date yesterday but she adjurned it until next weds. Her father is on the lease and also a co defendent and also a real estate lawyer.

However today, she has not paid august's rent. So I asked her about it and she said I had one months security for it. I said ; no, no, security is never an exchange for rent. Of course her answer was ; lets see what the judge has to say next week. I know she had to put a lot of money into the house as she and her sons caused a lot of damage. New doors, new carpets, painting, new gate on the fence, light bulbs, new smoke detectors.

Of course she wont give me a date when she will be out as she cant find a place ; her dad is supposed to be helping her. The kitchen floor will need to be replaced as it is all cracked, screens on some windows and the door will need to be replaced. The surround in the bathroom needs to be replaced.

So my question is about the security ; am I right in thinking it is not to be used for rent. It is really for damage.
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Old 08-02-2007, 11:09 AM
 
Location: Princeton-area, New Jersey
113 posts, read 743,809 times
Reputation: 80
You are right. I had a landlord who was by the book and this is what happened: we had a friendly relationship and I asked to shorten my lease, he agreed. I asked if I could just skip paying the last month's rent since he had my security. His brother was a lawyer, and he said no. He wanted me to pay the last month's rent, then he inspected the place on the day we moved out, AFTER we had removed all the contents and cleaned up. THEN, he gave us a check for our security.

It makes sense and that is your right as a landlord. If after your inspection you find damage to your place that was not there when they moved in, you can deduct it from the security. (I left the place better than we found it-- my landlord knew we would and actually already had the check ready before inspection )

Good luck!

Last edited by luckyduck; 08-02-2007 at 11:10 AM.. Reason: grammar
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Old 08-02-2007, 11:29 PM
 
Location: Long Beach, CA
2,071 posts, read 11,606,656 times
Reputation: 1794
I don't know what state you live in, Dorothy, but here in CA if you are in the process of evicting the tenant, you cannot except rent. If you do, it recinds the eviction.
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Old 08-03-2007, 07:05 AM
 
Location: Palm Coast, Fl
2,249 posts, read 8,521,218 times
Reputation: 1007
In Florida it depends on what the cause of the eviction is. If it's for nonpayment of rent then accepting the rent would recind the eviction and you would have to start from scratch again. Security is never allowed to be used as the last month rent unless it says differently in the lease or you ammend the lease in writing.
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Old 08-03-2007, 08:29 AM
 
5,044 posts, read 5,072,613 times
Reputation: 3116
She is being evicted as she is not mainting the house ; her kids trashed it, and even though she has repaired most of the damage, I cannot take the chance that she will trash it again. So as I am not evicting her for non payment, I think she should be paying the rent until the day she leaves.
Also because of the damage, we were unable to get a rental permit.
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Old 08-03-2007, 09:13 AM
 
Location: Saddle Brook, NJ
14 posts, read 114,938 times
Reputation: 19
My advice is to check out the laws in your state. I know in New Jersey there are tons of laws that protect the tenants and they are able to use the security for rent and not for damages. The way that you get your money for damages is either going to court or coming to an agreement during the walk through. So you want check for your own states laws and regulations
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