tenant refuses to pay last months rent

[BadGirl]

Well the point is that the renters already said they thought that is what the security deposit was supposed to be for so if there is no damages fromt he normal wear and tear and they want it to go to the last months rent, why go through all the trouble of a court date. Just get in writing they accept the security dpeost is being used to cover the last motnhs rent, give them the interest and we saved everyone time and frustration.

What does the lease say in regards to rent and security deposit? Does it specifically point out that the security deposit is intended to pay for potential damages to the apartment/house? Does it state that it can be used for the last month's rent? The lease is supposed to point out specifics to protect both the landlord and the tenant.

Unfortunately, landlord/renter issues tip in the favor of renters is most situations like this.

 

[Namikazenaru]

What does the lease say in regards to rent and security deposit? Does it specifically point out that the security deposit is intended to pay for potential damages to the apartment/house? Does it state that it can be used for the last month's rent? The lease is supposed to point out specifics to protect both the landlord and the tenant.

Unfortunately, landlord/renter issues tip in the favor of renters is most situations like this.

Yes this is what the lease says but it would be the same as giving the security deposit back and recieving the last month's rent if they got the tenants to sign a paper that says the funds from the security deposit were going to be used as the last month's rent. I was saying it should have been possible to avoid the court date.

By the sounds of it the renter did not have the cash for the last motnh's rent as he/she already put money forth to the next place he/she was going to live and assumed the security deposit would cover the last month's rent. Not saying he'she is not responsible for the last month's rent but it would have saved a court date.

This of course assuming the security deposit is enough and that there was no daamge past the normal wear and tear.

 

[Pinkflamingo]

we have a tenant that refused to pay last months rent after we gave them 45 days notice that we did not want to extend their lease. first he said he assumed they would be fine using his security deposit for last months rent. i told him thats not what it was for and that they had to pay or face legal proceedings. so they have not paid, also claiming they have no money now that they have to save up for their next place, since we are kicking them out. we have a court date this tuesday for failing to pay rent, and i was wondering if anyone has used the saint marys court system for evicting a tenant for failure to pay rent and what i should be expecting.

Alot will depend on what your lease states is the procedure for use of the security deposit is.

All our rentals are in Charles County (and thankfully the judge there is VERY landlord friendly) but our lease specifically states the security deposit CANNOT be used towards the last month's rent, and will be returned once the tenant moves out and we:
**do a walk through of the property to assess it's condition
**the tenants have adhered to the move out procedures (which are supplied to them at move in)
**we verify all utilities that stay with the property (basically the water/sewer in Charles Co.) have been paid

Under MD law a landlord has 45 days from the date a tenant moves out to return a security deposit, and any charges against that deposit must be listed in writing.

It sounds like maybe your lease wasn't clear as to the deposit situation. May be a "live and learn" situation. The problem could also arise if you allow the deposit to be used for last month's rent, damage can occur in that last month or during moveout (either accidental or spiteful/intentional) that you would not have funds to cover, therefore causing either further legal trouble if you choose to pursue it or a larger out of pocket amount getting the property ready to re-rent. Neither of which is a good situation.

In the future I would recommend:

*revising your lease moving forward with future tenants to very specifically state the security deposit cannot be used toward the last month's rent
*use a "move in/move out" checklist. Ours lists each item in every room line by line as to condition and functionality (i.e. new, good condition, etc), and we go through it with the tenant at move in. This gives them the opportunity to address from the start any issues they may have, and they have to sign off on this checklist accepting the property as listed. We also take photos of the property inside and out prior to a tenant's move in to further verify the condition. The checklist also contains the things we require a tenant to do to prepare a property for move out and the move out inspection. If these items are not performed, it is clearly stated that we will hire a professional to perform these services, and those fees will be deducted from the security deposit.
These both come in VERY handy if you need them at a later date.
Just a bit of advice, and we have been landlords since 1988 so I speak from much experience.

Good luck I hope this turns out for the best.

 

[nutz]

If these items are not performed, it is clearly stated that we will hire a professional to perform these services, and those fees will be deducted from the security deposit.
These both come in VERY handy if you need them at a later date.
Just a bit of advice, and we have been landlords since 1988 so I speak from much experience.

Wholeheartedly agree with what you wrote. Extra steps we take; have the carpets and/or drapes professionally cleaned, professional cleaning of the entire unit and a fresh coat of paint. Exteriors get a sprucing and cleaning too. All of this is documented with receipts and have had 0 issues about security deposit money since adopting this practice. One exception is the fellow we've had renting for the last ten years, he pretty much gets what he asks for on his schedule.