It happens so often people believe it’s ok. You get the notice from your tenant that they are leaving and that they want you to use the security deposit to cover the last month’s rent.
No problem right?
WRONG!!!!!! BIG PROBLEM!!!!
That security deposit (or damage deposit as it is often known) is not rent. It’s meant to pay for any damages that may have occurred to the property or to get the unit back to it’s original condition (less wear and tear of course) that it was when the tenant moved in.
It’s not rent.
So What Do I Do If My Tenant Is Leaving?
Your first step is to explain to the tenant that the rent still needs to be paid and the security deposit is not rent.
If you need to go into detail you can explain what the security deposit is meant for (see above) and that it is treated differently than rent.
If they continue to insist, you may have to take more drastic steps with them and explain that while there are landlords who may allow this, due to typical laws regarding security deposits you cannot legally accept the deposit as rent.
Many tenants are simply concerned that they will not get their security deposits back, so it doesn’t hurt to go into detail to let them know what has to be done to ensure they do get it back.
This can include providing them with a copy of the initial walk through, the costs you will be charging them for any additional cleaning, garbage removal and/or light bulb replacements along with level of cleanliness required.
They Continue To Refuse To Pay
If, after your persuasive discussion, they still refuse to pay the last month’s rent you’ll have to let them know you will be forced to start the eviction process.
And you need to follow through on this one!
At this point, and if it goes this far, the relationship is likely not as friendly as it once may have been which means if you don’t go through with the eviction you’ll be paying out of pocket for cleanup and damages after they vacate. And there will be cleanup!
For some reason tenants feel you’re just being mean spirited at this point and like to get even. That means leaving you a ton of work.
Now this doesn’t happen every time, but all it takes is once or twice for you to start realizing the less glamorous aspects of landlording. Yep, I’m talking about cleaning up other peoples’s messes.
Tossing moldy food, removing old garbage, picking up empty and partially empty beer cans, vacuuming floors, window cleaning and just general cleaning up after other grownups (or alleged grownups) loses it’s appeal quickly.
Paying an expensive cleaning service out of your own pocket makes it even more unappealing!
So you simply need to start the eviction process, explaining to the tenant that if the eviction goes through, it will appear on their credit report, it will affect their ability to get rentals int he future and that you still expect the property to be properly cleaned when they vacate.
Or they can simply pay the rent and then get their security deposit when they’ve moved out and properly cleaned up.
Have you been burned by this? How’d it make you feel and would you allow it again?
Share your story below!