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Updated over 10 years ago,
Can Security Deposit be used to pay for unlawful detainer?
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