Early Move Out

[Lance H.]

Hello,

I have run into a situation today. My tenant is being laid off by her employer and will need to break the lease as she found a new job in another state. We have a 2 year lease and are just over 1 year into it. She has been a great tenant so far, never missed payments, kept the unit immaculate, ect.

She asked if she could use security deposit as rent for May and then move May 31st. My question is, should I let her?

My thought is to do so, as she likely doesn't have the money to pay the May rent anyway and allowing her to do this will keep it occupied and she is more than willing to allow me to show it whenever I need. Not using it for last months rent, she may just decide to stay anyway and then I would be trying to evict and creating bad blood ect.

Anything I'm missing?

Thanks

[Denice S.]

Hi Lance,

I would not change security deposit rules and "approve" of a tenant using it as rent. Instead I would say "hey, I'm willing to work with you regarding breaking the lease, you've been a great tenant, etc... but I'll need the rent every month you decide to stay." "I can, however, promise to get you your security deposit back as quickly as possible and offer you a great reference for your next landlord."

If she's always paid on time like you say, why assume she can't fulfill her obligation to continue paying rent? Allowing her to use the security leaves you no way of recovering expenses for damages and/or clearing out stuff she leaves behind.

She may not pay anyway, but I wouldn't give my tenant the green light to do this.

I hope it works out for you.