Re: Security Deposit Already Used Up-Now What? - Landlord Forum thread 359016

Re: Security Deposit Already Used Up-Now What? by Micah on February 6, 2019 @12:02

Thanks Garry.

1. I did use their deposit as the first part of the payment.
2. I have in writing that their deposit would cover a portion of total charges.
3. Is there a way to have them give me money in addition to rent to replace the deposit I already used?

Next time I think I will just charge them a full amount and not use a security deposit until the very end of the lease when doing a walk-through inspection.

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Re: Security Deposit Already Used Up-Now What? by Garry on February 6, 2019 @13:45	[ Reply ]

As I mentioned earlier, you can ASK the tenant to replace the deposit, but if they refuse, your ONLY alternative is to sue them thru a court system. And you will probably lose your case if you ask for a replacement of the deposit. You must sue for DAMAGES, not a replacement of a deposit. That case you would win, since the T has already admitted in writing that they owed you for damages, and they allowed you to take part of those costs out of their deposit. Right now, you have to worry about them keeping on paying the rent til their lease is up. They already know their deposit is gone. So there's no incentive to keep paying rent, and no incentive to NOT trash your place when they leave. Hopefully you know your state's eviction process, because you may have to use it.