filed eviction for using Security as rent - Landlord Forum thread 335417

filed eviction for using Security as rent by ownernj on May 24, 2015 @20:46

I filed eviction to the court for nonpayment of rent, actually is using Security deposit for the rent. The due day is May first.

My question are following:

1. Will using Security for the rent be the same as nonpayment? Based on your experience, how much possibility I will win the case? This is the first time for me.

2. I have this tenant for about 7 months, and I asked them SSN's a couple of times in order to open LandLord/Tenant account for depositing their Security. However, they did not give to me. So, I did not really put Security into LL/T account. Will this be a problem for me when the Judge rule out the case?

Thank you for your advice!

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Re: filed eviction for using Security as rent by Anonymous on May 24, 2015 @21:38	[ Reply ]

Most states do not allow the tenant or the landlord to use the deposit for rent during the tenancy. Once you have your judgement for non-payment, you can use the deposit for the May rent, but not before. I don't believe the issue of whether you have put the deposit into an escrow account will come up, unless you are in one of the states that requires you to do so and to provide the tenant with the account information, and failure to do so means the tenant has immediate right to use the deposit as rent. I can only think of one state that operates that way.

Re: filed eviction for using Security as rent by Garry (Iowa) on May 24, 2015 @22:09	[ Reply ]

Any tenant, while still living in your place, cannot use their security deposit, (which you SHOULD have in some account SOMEWHERE) for their rent, unless YOU allow them to, in writing. However, YOU CAN use it for their unpaid rent, and any damages, AFTER they have moved out, and you have possession back. You should have gotten their SSNs when they filled out the application for you. You should NOT have rented to them until you had their SSNs. From your post, you seem to be a newby LL, who doesn't know your state's LL/T laws very well, nor do you know how to take and run an application. You really need to hire an attorney asap, as I would give you only about a 25% chance of winning in court. When your ordeal is over, you need to read and study hard all about your LL/T laws til you know them by heart.

Re: filed eviction for using Security as rent