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Tenants owe back rent, do I have to return security deposit?

This is a discussion on Tenants owe back rent, do I have to return security deposit? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; My tenants are finally moving out after not paying their rent. First question. Please tell me if these repairs are ...

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Old Aug 6th, 2009, 01:08 PM   #1
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Confused Tenants owe back rent, do I have to return security deposit?

My tenants are finally moving out after not paying their rent.

First question. Please tell me if these repairs are reasonable. 1) replace kitchen faucet (working when rented, now broken), 2) touch up painting, 3) cleaning of house and/or carpet if needed (I have little faith that they will clean before they leave) 4) lawn service for weeding treatment (part of the lease addendum said they would leave lawn in same condition as when rented)

Second question. Assuming there is money left from the security deposit, do I have to return it to the tenants since they owe me back rent? Can a security deposit be applied towards unpaid rent?

Thanks
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Old Aug 6th, 2009, 09:42 PM   #2
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Default Re: Tenants owe back rent, do I have to return security deposit?

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My tenants are finally moving out after not paying their rent.

First question. Please tell me if these repairs are reasonable. 1) replace kitchen faucet (working when rented, now broken), 2) touch up painting, 3) cleaning of house and/or carpet if needed (I have little faith that they will clean before they leave) 4) lawn service for weeding treatment (part of the lease addendum said they would leave lawn in same condition as when rented)

Second question. Assuming there is money left from the security deposit, do I have to return it to the tenants since they owe me back rent? Can a security deposit be applied towards unpaid rent?

Thanks
The security deposit can be used for any repairs needed to return the property back to the same condition in which it was when the tenants first took possession. You may also deduct for reasonable cleaning costs, and any other expenses specified in your lease (such as the weeding treatment for the lawn, if they were to be responsible for lawn care and maintenance per the lease). If the tenants owe unpaid rent, that is also a permissible deduction.

Be sure to keep good records of what you do, any expenses incurred (keep receipts), invoices or work orders for any work you had done for you. Plus photos or videos of the condition before you start and after you finish. All of this in the event that the tenants challenge your deductions to their security deposit.
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