Apartment and Rental Properties - Landlord Rights?
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tre08
08-11-08, 10:00 AM
I read a lot of information regarding tenants rights, but what about the right of a landlord?
I rented my condo to a tenant and his lease goes through Sept 08. I alerted him via email on July 2nd that at the end of his lease, that is, on Oct 1, I would be moving back into my condo. I wanted to give him a heads up. On July 16th he wrote me an email alerting me of his intention of moving out as of Aug 1.
I was left to pay a rent for my current house as well as my mortgage for August since he moved out. Do I have any rights with regard to the security deposit?
I rented my condo to a tenant and his lease goes through Sept 08. I alerted him via email on July 2nd that at the end of his lease, that is, on Oct 1, I would be moving back into my condo. I wanted to give him a heads up. On July 16th he wrote me an email alerting me of his intention of moving out as of Aug 1.
I was left to pay a rent for my current house as well as my mortgage for August since he moved out. Do I have any rights with regard to the security deposit?
the_tow_guy
08-11-08, 10:22 AM
I don't believe the security deposit can be used for unpaid rent on a lease. Hopefully one of the landlord experts will be along. I take it you didn't have first & last up front?
Bruce H
08-11-08, 12:01 PM
In Minnesota the security deposit CAN be used for unpaid rent. This is a little before my time, but it's my understanding that it used to be called a damage deposit but was changed to "security deposit" for exactly that use. In fact, I always make my security deposit amount different than the monthly rent amount so there's no claiming by the tenant that the security deposit is the last months rent. Best to check your states laws, you can usually find them online.
mitch17
08-11-08, 03:42 PM
Yes, security deposit can be used to cover unpaid rent. That said, checking your state laws is still a good idea.
twelvepole
08-22-08, 08:34 PM
Landlord tenant laws tend to be state specific. Without knowledge of the state in which the poster lives, it is impossible to offer legal advice. Without a review of the rental contract, it is impossible to offer legal advice.
Your options are likely civil court. But, getting blood out of a turnips tends to be fruitless. It is best to familiarize yourself with your state and local landlord tenant laws as well as costs and procedures in the local court system.
You may find that it is more beneficial to bite the bullet and be rid of the pest. You may find that there are options for placing liens against wages if the person is ever employed again. My landlord places garnishments gainst future wages. He says that he eventually collects on most of the low-lifes here because they eventually find employment.
Your options are likely civil court. But, getting blood out of a turnips tends to be fruitless. It is best to familiarize yourself with your state and local landlord tenant laws as well as costs and procedures in the local court system.
You may find that it is more beneficial to bite the bullet and be rid of the pest. You may find that there are options for placing liens against wages if the person is ever employed again. My landlord places garnishments gainst future wages. He says that he eventually collects on most of the low-lifes here because they eventually find employment.