Home, Land, Property Buying and Selling - Tenant did not pay Security Deposit

I have rented a unit on a month to month rental agreement
at the time the tenant moved in - He agreed to pay the secruity deposit in 2 payments. 1st payment 1 month after move in, 2nd payment 2 months after move in.

Needless to say it never heppend. Ive asked him to pay the security deposit a number of times. He makes promisses but doesn't keep them. I recently served him with 3 Day Notice to Perform Covenant. He called me after the 3 days and asked for more time to pay.

I understand the filing a unlawful detainer will not solve this problem.

I would like to know how can I go about getting the security deposit from this tenant.

Thank you, Please reply

Typically, keys are not issued until the first month's rent and the security deposit are paid. Your lease should spell out the requirement for deposit and how it is refunded.

To collect any monies due you, you must go through the court to seek eviction. If you are in the rental business, you should be familiar with your state's landlord tenant law. These laws tend to vary from state to state and often localities may have additional requirements.

For instance, in Ohio the landlord can evict if the tenant fails to pay rent or violates a condition of the rental agreement. In your case, this would be failure to pay deposit.

The 3-day notice should state the reason that eviction will be sought. If at the end of the period, the amount due is not paid, then eviction must be sought at the local courthouse. In about 2 weeks there is a hearing where you should take copies of all notices and a copy of the rental agreement. If eviction is granted, you ask the court for a Writ of Restitution. The court sends out a local law enforcement officer to remove the tenant and belongings and witness the change of locks. Belongings can not be held in lieu of rent but if left behind must be put in storage for a length of time, usually 30 days.

About a month later, another hearing is held to determine what monies are due the landlord. Tenant must respond in 28 days. Failure to do so results in default judgment against the tenant. Utilities can not be shut off or locks changed, until a bailiff or law enforcement officer has been sent by the court to carry out the eviction.

I spoke with my landlord this p.m. A neighbor will be going to court next week for failure to pay rent. The tenant will be allowed to stay in the unit until the court sends out a local police officer to oversee removal of belongings and the change of locks. When I said that you can't get blood out a turnip. He said that the judgment is lodged against the tenant. When they finally do find employment, wages are garnisheed.

You may have to go to small claims court, but even then you may never see this money. If they're renting and don't have the money now, they probably don't own anything and there's not much anyone can do. It may not even be enough to be worth all the hassle and court time and lawyer's fees, etc.
Maybe just chalk it up to a learning experience and next time don't allow anyone to move in without having the first month plus security deposit up front first. If they didn't have it then, how could they have it later, you know?

Yep, small claims court and seek an eviction. There might be other forms required - we have to give two different notices - one of five days (quit or pay rent) and one of 14 days (notice to terminate tenancy) before we can file.

I required all tenants to pay security deposit with cashier's check or cash, plus first months rent plus sign all the paperwork before any possession is given after background check, etc. of course. I live in a State where the laws do not protect the landlord but the tenant. I did everything I was supposed to, followed every letter of the law and when the tenant quit paying everything all the steps I had to legally follow cost me hundreds of dollars in attorney fees, court costs not to mention pay mortgage myself, etc. etc. and Judge finally granted me possession 4 months later. Even after granting possession I still had to give tenant 10 business days to get out. I could not put the stuff on the curb nor could I change the locks until the Judge said so or I could be sued for violating tenant's rights- even though I had a a solid, attorney-approved, signed, lease agreement that was clearly violated.

Point of the matter- research your State laws and regulations in detail and make sure you document every action you took down to taking a picture of the notice you put on the front door! Almost every State has a Tenant's Rights and Responsibilities pamphlet. Good idea to pick one up. A lot of people that are willing to do what your tenant did to you are very aware of their rights and what they can get away with. It will save you a lot of headache in the long run and never allow possession until all of the above occur. The other posting is right. My attorney talked me out of trying to sue my tenant about five times as I was not going to be able to collect. I was so angry from the money my tenant cost me, including the $1500 in damage to my house on their way out, that I didn't care and wanted to force the tenant to go to court anyway. I cut my losses and in the process of running from this business never to return!

Thanks for letting us know the outcome and sorry to hear that you lost out on this. :thumbdn: It's a shame the law protects people like this and that needs to be changed. :(
I guess this is a lesson to others to get that deposit first, no matter what business it is!

Been there, done that!! Wanting to rent the property quickly and cover the mortgage payment, so you're willing to let things like the security deposit "slide" for the time being! We're our own worst enemies in this situation....

Bottom line - If you require a security deposit up front - get it... if the prospective tenent doesn't have it - let them find some other sucker to take their "deals".....