Security Deposit Already Used Up-Now What? - Landlord Forum thread 359013

Security Deposit Already Used Up-Now What? by Micah on February 6, 2019 @09:41

I have charged the tenants all of the security deposit plus more for damages to a grinder pump and sump pump in basement. The security deposit was $700 plus the other charges for a total of $1,150. They paid it already.

They will be moving out in a few months and there is no incentive to clean the place before they leave.

Can I charge them another security deposit?

[ Reply ] [ Return to forum ]

Re: Security Deposit Already Used Up-Now What? by Garry on February 6, 2019 @11:44	[ Reply ]

You can charge anybody, for any amount, at any time. That doesn't mean they will ever pay it. Please explain things farther-------How did they pay the $1150? Did you allow them to use their deposit of $700, and then they paid you an additional $450 cash? If that is correct, then you are correct, that there is no incentive for them to leave your place clean and undamaged when they leave. And no incentive to give you any more deposit, either. Whatever they leave you, all you can do is clean up the place, repair any damages, and sue them in court for all those costs. By the way. I hope you got all of this in writing-----that they allowed you to use their deposit right now. If you didn't, if you ever go to court, they could claim you still have their deposit on hand.

Re: Security Deposit Already Used Up-Now What?

Re: Security Deposit Already Used Up-Now What? by AnonymousFL on February 7, 2019 @09:28	[ Reply ]

The security deposit should be used at the end of the tenancy. IF there were repairs during the tenancy, they should have paid for those out of pocket. And the reason why is you could end up in the situation that you are in now. When they move out, you can send them the proper move-out documentation for your area, send a followup if they don't pay, and then sue them if you need to.

Re: Security Deposit Already Used Up-Now What? by Daniel (CA) on February 15, 2019 @15:21	[ Reply ]

which state are you in? are you willing to evict? should you be willing to evict? If you want to maintain control over the situation then I would sent them a 3 -day notice to pay their security deposit or risk eviction. Right now they are in breach of non payment of rent/SD. But do realize that if you serve a notice to pay or quit then they may be entitle to end a fixed term lease sooner by just moving out. However, you didn't explain why the tenants were responsible for the damages.

Re: Security Deposit Already Used Up-Now What? by Brendan on April 10, 2019 @22:42	[ Reply ]

As tenants use up deposit, you notify them of the requirement to replenish the deposit. If they do not, you begin the notice and eviction process. Now you may have to go the small claims court route if they do not pay up.