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Tenant did not pay last month
Tenant did not pay last month and she says because she has a month deposit already, when the tenant leaves at the end of this month and repairs are needed, what options does the landlord have? This is in NC.
the landlord/tenant laws are stickied in this thread, but generally you cannot use the deposit to cover the last months rent unless you have a judgement from the court to do so.... or you could get the tenant to sign a document forfeiting the security deposit to cover last month's rent.
Very little if you lay down and take it. You'd have to bill the tenant, then take to small claims and hope to actually collect.
Rent is unpaid. Serve the required notice in your state and then file for eviction for unpaid rent. You should have done this immediately. What if the tenant doesn't move out? Now you're having to evict and you're already 1+ month behind in the process. Common deadbeat tactic, BTW.
Depending on how your lease is written, but typically a security deposit is meant to cover damages and not last months rent. You should send her a 3 day pay or quit notice, and include late fees that are spelled out in your lease. Explain to your tenant the security deposit covers damages, not rent.
If you accept the security deposit as last month's rent, and there are damages, you'll need to take the tenant to court.
You might take a legal action if you know your ex-tenant new address and he/she isn't financially broken. Otherwise, you'd spend more money trying to sue him, than being able to collect.
Next time change your lease. The first paragraph should state the rent, the date it is due and "if the rent is not received on the due date, eviction procedures will begin the day the rent becomes past due."
It's not being a bad landlord, it's about preventing someone from getting behind such that they can not catch up because their salary does not let them catch up. In N.C. we think you have to give a 5 day notice for failure to pay rent. But you can let a statement in your lease be a legal substitute for that 5 day notice, so you can begin eviction on the day after the rent is due. We'll look up the notice period and post back.
Use you current tenant as an example. They pay you X dollars per month for rent. After they pay their bills each month they have not much left over. How can they get behind on their rent to you and be able to catch up? They can not since they are exhausting all their income. They would have to get a huge raise in order to pay you an extra $100 a month to catch up, or borrow from a friend or relative, or move out and drop a month or two rent on you.
The way you phrase your lease let's you get a big jump on eviction, not because it is needed but because it might be needed.
Were you given 30 days notice of them moving out on the 1st? If she didn't than she has to stay another month anyway. The deposit is not for last months rent, it's for damages and will be returned if there is none. It's not up to her. Charge her late fees and demand payment.\
Some states allow taking first and last months of rent at sign up in addition to security deposit...
Yes they do.
Revised:
Numerous articles say 5 days for North Carolina but then when you go to the link it says 10 days. The rule must have changed since 2013.
However:
Landlord sends a demand for payment letter to the tenant, giving the tenant notice that they have 10 days to pay or eviction will be filed. This step can be skipped if your lease includes a clause that waives the 10 day notice period.
Yes, first and last plus the security I thought was standard.
But then, you sill have the tenant staying and possibly 'promising',
pulling at your heart strings...for the last TWO months then.
Eviction does not happen overnight!
With the Sherif's deputyf present as the belongings are placed on the yard...
such an ordeal.
Squeaky wheel usually gets the grease, tho...as in knocking on the door
for the rent every single day, maybe twice, stating now what is owed bec of late fees, doing an
inspection of the premises...visiting them at their job...whether it is an office or a kitchen, explaining
this will be on her record and she 'will NOT be able to get
another place, it isn't worth this', yada yada,,,
Repeating the lease agreement ad nauseum, etc.
Young people don't get the process and truly want to use that darn deposit
for the last month....and can't think of solutions...suggest they borrow the money ...
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