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No Rent Paid - When Can I Dip Into Their Sec Dep? - Landlord Forum thread 360840

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No Rent Paid - When Can I Dip Into Their Sec Dep? by Jason on September 16, 2020 @03:54

Tenant has not paid rent for August and September. Just finished the 10-day Pay Or Quit Notice time frame and will be filing for eviction today.

Tenant paid 2-months of SD. When can I dip into their SD to cover rent? Or should I just wait until the courts side with me?
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Re: No Rent Paid - When Can I Dip Into Their Sec Dep? by Garry on September 16, 2020 @20:32 [ Reply ]
To my knowledge, nobody in any state can "dip into" a tenants security deposit, until after you have legal possession back. At that time, you can figure up any rent owed you, total up any costs for damages they left you, and probably any legal costs you incurred in evicting the T.

Subtract their deposit from that figure, and you may find they owe you several thousand dollars more. Then the choice will be yours, to decide if you want to take the former Ts to court to try to win monetary damages against them.

Just remember to get the SD statement out within 30 days after you have possession back. And if you go all the way thru with your eviction process, you may not get back "legal" possession until the day all their personal possessions are put on the curb----that's when your 30 days start.

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