The Security Deposit is Not Rent !
What Do I do When my tenant wants to use the security deposit as rent?By John Nuzzolese
So your tenant asked to use the security deposit as rent? This happens to landlords everywhere every day. The rent isn't paid, you ask for the rent and the tenant says, "We don't have the rent. Take it from our security deposit." ... or ... "We are moving - you'll just have to use our security."
Most landlords are caught off guard and are dumbfounded when this happens. Beware, you'll find this is a common tenant tactic in the landlord business.
How can you be prepared to deal with this situation? First, it is very important that your rental agreement contains a good security deposit clause, like the LPA Lease does. I believe it is very important to read the lease to the tenant before the tenant signs it. The Security Deposit clause explains how security money may not be allowed to be used as rent. That's when I warn the tenant against trying to use the security deposit as rent.
I've been able to counter this particular type of "tenant attack" by being ready with the right comeback:
OK, the tenant doesn't usually say that. He may say a few things I don't want to print on this site, but will usually snap back in line. Sometimes the tenants will bluff to see what you will do, but when they receive an attorney's letter that shows you weren't kidding, they should pay up and follow the rules.
Try to remember these points or have this page ready to refer to in case the tenant pulls the old "Use my deposit as rent" trick.
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