Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 10 years ago,

User Stats

21
Posts
3
Votes
Ken D.
  • Minneapolis, MN
3
Votes |
21
Posts

Can Security Deposit be used to pay for unlawful detainer?

Ken D.
  • Minneapolis, MN
Posted

1 tenant out of a group of 3 refused to pay her last portion of the last month's rent. I tried explaining to her why this wasn't acceptable and she still refused. Her roomates weren't willing to cover her portion of the rent. Ultimately, I'll end up taking the rent + late fee out of the security deposit, but I also wanted to place an unlawful detainer on the 1 tenant who refused to pay her portion -- I was wondering whether the cost of the unlawful detainer can also be deduced from the security deposit?

Our lease has language such as:

"Resident agrees that any payment received will first be applied to any fees owed under this lease, including but not limited to, late, legal, court, unlawful detainer and/or damage, prior to paying rent for any month."

"When Resident moves out, the Deposit will be returned by Owner with interest as specified by Minnesota statutes provided Resident has: A.) Given proper written notice and has performed all the terms of this Lease G.) Paid all outstanding amounts due to Owner and utility companies"

"If Owner brings any legal action against the Reisdent, Resident must pay Owner's actual attorneys' fees, court costs, and related expenses even if rent is paid after a legal action is started"

I would think that last paragraph is explicit enough to allow security deposit to be used for unlawful detainer, but I wanted to check.

Thanks,

-Christina

Loading replies...