Can Security Deposit be used to pay for unlawful detainer?

[Ken D.]

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

[Marcia Maynard]

@Jerry W. Actually, Unlawful Detainer is not the same as Eviction. Eviction refers to removing a person from a property by legal process. Unlawful Detainer refers to the person staying (detaining) in the property beyond the time they were legally allowed to do so (unlawful). So, in Washington State I can evict a person with a legal notice to pay rent or quit, or another lawful notice to terminate the tenancy. If they leave within the time frame specified by the notice, they are not unlawfully detaining (remaining in the property). If they remain (detain) then I can file in court that they are unlawfully detaining, if a judge upholds my claim, and they continue to stay, we can proceed to have them removed with the help of the sheriff.

@Ken D. So, to answer the OP's question, first we need to know did all three tenants move out? If they did and no one was detaining, then you could not file unlawful detainer. If any one of the three tenants remained in the property past the date of termination, and you served a legal notice for them to vacate by a certain date and they did not, then you could file a lawsuit for unlawful detainer (by the way, this term is not used in all states) and the legitimate legal fees you incur could be deducted from the security deposit.

No legal advice :-)