Leaving tenant wouldn't let me in and wants to use security deposit for rent
South beach, Miami · Member since 2023 · 33 posts · 8 votes
Leaving tenant wouldn't let me in and wants to use security deposit for rent
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Colleen F.Pro Member
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes@Natalia Perlova I would issue a pay or quit notice since he has not paid rent, even though he says he is leaving going through the process in case he doesn't. He is using his security deposit which you told him he could not do. I would also arrange an inspection and issue a repair bill for any issues like lock removal. Looks like you are in Massachusetts so there are specifics related to security deposits.
17 Replies
- Rental Property Investor · North Palm Beach, FL · Member since 2018 · 2k+ posts · 1k+ votes1y
I probably wouldn't do anything. He's hopefully leaving this month, and if he doesn't, that's when I might consider consulting an attorney. Once he is out, you can clean and prep the room quickly and start showing it.
- 1yColleen F.Pro MemberInvestor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
@Natalia Perlova I would issue a pay or quit notice since he has not paid rent, even though he says he is leaving going through the process in case he doesn't. He is using his security deposit which you told him he could not do. I would also arrange an inspection and issue a repair bill for any issues like lock removal. Looks like you are in Massachusetts so there are specifics related to security deposits.
- Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes1y
@Natalia Perlova clearly the tenant is not being fair or following your lease. If you are confident the tenant will leave you can do nothing. The risk is the tenant doesn't leave on time and no you have a bigger problem.
I don't know what is in your lease, nor do I know the law in your state. I would do one of two options.
1) Immediately start eviction or
2) Use the right on the lease go go in and inspect the property. My lease would allow me to change the locks and charge them for the change.
The fact your tenant has made the claims they have says they're unreasonable and my guess you are in for more trouble. I would not wait around.
- South beach, Miami · Member since 2023 · 33 posts · 8 votes1y
Quote from @Ned Carey:
@Natalia Perlova clearly the tenant is not being fair or following your lease. If you are confident the tenant will leave you can do nothing. The risk is the tenant doesn't leave on time and no you have a bigger problem.
I don't know what is in your lease, nor do I know the law in your state. I would do one of two options.
1) Immediately start eviction or
2) Use the right on the lease go go in and inspect the property. My lease would allow me to change the locks and charge them for the change.
The fact your tenant has made the claims they have says they're unreasonable and my guess you are in for more trouble. I would not wait around.
Thank you, @Ned Carey. I am worried that he will leave me with a repair bill and will be nowhere to be found. Is there anything i can do to protect myself now?
- Investor · Willis, TX · Member since 2014 · 245 posts · 124 votes1y
If this were me, I would try to play it firm but chill. If the tenant has not made the lease payment for the month, then he's in breach of contract (if that's what your lease states). I would CLEARLY notify him that he needs to pay for the last month and document by taking pictures of everything. That means taking pictures of you posting the sign on the door since you can't access it anymore. All you're doing is enforcing the lease that was agreed upon and signed. You know the evictions for your area better than we do and I think people are going to hesitate to give too much "advice" since it can quickly be a legal matter. Don't let them get away with it. They're only going to burn the next landlord wherever they go. That's my opinion on the matter.
- Rental Property Investor · Malvern, PA · Member since 2016 · 1k+ posts · 936 votes1y
I would inform Tenant the security deposit covers damage, not rent. He has to pay the July rent, move out, you inspect, charge the deposit for any items and he gets the remainder back. There will be nothing left for damages if security is 1 month which is July rent.
He may object to that saying the room is in the same condition as when he moved in. You can ask to see the room to verify that claim and have an informed opinion. I would still hold the security deposit until move out as you can never see everything in a furnished room. Moving out can cause damage.
I would be OK with not showing the room. He has a point about his privacy. I would not be OK with him putting a lock on the door that I cannot open. That is a safety issue. I would immediately require access.
The other stuff (parking,etc) is irrelevant and you should have addressed it when it started if it was an issue.
What do you do if he refuses to comply? Posting a 10-day pay or quit notice costs nothing and gets you started. Filing for eviction probably costs something and I wouldn't do that unless he doesn't move out as planned. Get his new address so you can sue if there is an outstanding damage balance, but don't hold your breath to get paid.
- 1yDavid PeschioBusiness MemberRichmond, VA · Member since 2019 · 358 posts · 181 votes
I recommend initiating the delinquency process, including issuing the appropriate notice, to protect yourself in case the tenants do not vacate the property. I would always advise against using the security deposit for rent.
Does your lease agreement allow for property showings while the tenants are still residing in the home? Typically, you should be able to provide proper notice for access whenever necessary.
Perhaps you could ask the tenant if you can take a quick video of the property. You could then use this video for marketing, with the understanding that in-person showings would begin once the tenants move out.
Regardless, I would try to get inside the property to assess its current condition.
- Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes1y
@Natalia Perlova
"I am worried that he will leave me with a repair bill and will be nowhere to be found. Is there anything i can do to protect myself now?"This is one of the risks for real estate. As mentioned above try to get his new address. Say you need it to send the security deposit back. Also act quickly the longer you wait the more you lose in lost rent.
- South beach, Miami · Member since 2023 · 33 posts · 8 votes1y
Thank you all so much for the advice, i have reached out to constable to deliver notice to quit.
- 1yAdam BartomeoBusiness MemberReal Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
When a tenant changes the lock we take off their lock and charge them for a new lock. We don't normally show properties when the tenant is living there unless it is for sale. When it is for sale we give them 24 hrs notice and do not give them an option to decline.
Bartomeo Property Management4.7150 Reviews- South beach, Miami · Member since 2023 · 33 posts · 8 votes1y
Quote from @Adam Bartomeo:
When a tenant changes the lock we take off their lock and charge them for a new lock. We don't normally show properties when the tenant is living there unless it is for sale. When it is for sale we give them 24 hrs notice and do not give them an option to decline.
Thank you for sharing, interesting because my other tenants showed the apartment to the vetted prospective tenants with no issues, so i assumed he would at least let me show his room..
- Lender · Lake Geneva WI, USA · Member since 2023 · 141 posts · 72 votes1y
Sounds like you are dealing with someone who has went against your initial agreement, and violated your property with their own lock.. although, I am wondering if they had placed the lock because other people are in the house who may be strangers to them. Still, they should give you access to what is your property. I would be carful to not be too heavy handed, maybe try to go to the house and speak with them to gain a better understanding of their situation. There could be a reason as to why they're not paying last months rent and acting seemingly standoffish. This approach may provide you insight to the situation and you might be able to achieve your goals of showing the room, check on state of the room, while the tenant doesnt feel pushed around. I would also make police aware to the situation prior to the visit, and have whatever you need for a forceful removal preemptively - just in case things go south. also, being kind may ensure that no sabotage is occurring if they become upset for whatever reason. If things are going very bad, fighting with other tenants, personal problems, job loss, id consider refunding their security deposit so they can leave quicker. Last thing you need is someone so angry and feeling stepped on, they come back at night and throw a rock in your window.
- 1yDan H.Pro MemberInvestor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
What does your lease state? Does it state that you can show the unit to perspective tenants? If it does, it does not matter that tenant will not let you in. Does your lease prohibit changes to the unit such as lock changes? The tenant should not be able to change the unit outside of hanging pictures, etc.
My lease allows me to show a unit to perspective buyers or tenants. I have never used this provision but if I wanted to, I would not ask the tenant for permission but tell him when I would be showing the property. If it is locked, the lock would be drilled out. Regardless, the cost of placing my locks on the unit would be charged to the tenant.
As for not paying the rent, we always issue a pay or quit even if the tenant is vacating soon (what happens if they do not vacate?). It will not help with collection but on LL reference I can state honestly that they received a pay or quit for missed rent. Did you perform a thorough tenant screening? Did he have a credit score that will be impacted with a hit, You will likely lose some money if your tenant has a poor credit score. If he has a decent credit score your chance of collecting all funds owed goes up significantly. Regardless, if they owe money send it to collections that will ring their credit (even if their credit is already poor).
the tenant does not create the rules. The lease creates the rules. Do not let the tenant create the rules.
Good luck- South beach, Miami · Member since 2023 · 33 posts · 8 votes1y
Quote from @Dan H.:
What does your lease state? Does it state that you can show the unit to perspective tenants? If it does, it does not matter that tenant will not let you in. Does your lease prohibit changes to the unit such as lock changes? The tenant should not be able to change the unit outside of hanging pictures, etc.
My lease allows me to show a unit to perspective buyers or tenants. I have never used this provision but if I wanted to, I would not ask the tenant for permission but tell him when I would be showing the property. If it is locked, the lock would be drilled out. Regardless, the cost of placing my locks on the unit would be charged to the tenant.
As for not paying the rent, we always issue a pay or quit even if the tenant is vacating soon (what happens if they do not vacate?). It will not help with collection but on LL reference I can state honestly that they received a pay or quit for missed rent. Did you perform a thorough tenant screening? Did he have a credit score that will be impacted with a hit, You will likely lose some money if your tenant has a poor credit score. If he has a decent credit score your chance of collecting all funds owed goes up significantly. Regardless, if they owe money send it to collections that will ring their credit (even if their credit is already poor).
the tenant does not create the rules. The lease creates the rules. Do not let the tenant create the rules.
Good luckThank you so much for your advice. I have contacted the Sherrif's dept deliver 14 day quit notice today.
My lease states that he should let me in, as long as i give an advance notice, and that locks should not be changed without my written consent. Yet he changed the lock to his room without asking, and also started charging his Tesla from the unit without asking.
I did perform a thorough screening and he works for the TSA which is a government agency - Lender · Lake Geneva WI, USA · Member since 2023 · 141 posts · 72 votes1y
Quote from @Dan H.:
What does your lease state? Does it state that you can show the unit to perspective tenants? If it does, it does not matter that tenant will not let you in. Does your lease prohibit changes to the unit such as lock changes? The tenant should not be able to change the unit outside of hanging pictures, etc.
My lease allows me to show a unit to perspective buyers or tenants. I have never used this provision but if I wanted to, I would not ask the tenant for permission but tell him when I would be showing the property. If it is locked, the lock would be drilled out. Regardless, the cost of placing my locks on the unit would be charged to the tenant.
As for not paying the rent, we always issue a pay or quit even if the tenant is vacating soon (what happens if they do not vacate?). It will not help with collection but on LL reference I can state honestly that they received a pay or quit for missed rent. Did you perform a thorough tenant screening? Did he have a credit score that will be impacted with a hit, You will likely lose some money if your tenant has a poor credit score. If he has a decent credit score your chance of collecting all funds owed goes up significantly. Regardless, if they owe money send it to collections that will ring their credit (even if their credit is already poor).
the tenant does not create the rules. The lease creates the rules. Do not let the tenant create the rules.
Good luckyoure absolutely correct Dan, I would just air on the side of caution and use diplomacy first before bringing down the hammer on someone who seems like they have nothing to lose.
- South beach, Miami · Member since 2023 · 33 posts · 8 votes1y
Quote from @Jacob Thorpe:
Quote from @Dan H.:
What does your lease state? Does it state that you can show the unit to perspective tenants? If it does, it does not matter that tenant will not let you in. Does your lease prohibit changes to the unit such as lock changes? The tenant should not be able to change the unit outside of hanging pictures, etc.
My lease allows me to show a unit to perspective buyers or tenants. I have never used this provision but if I wanted to, I would not ask the tenant for permission but tell him when I would be showing the property. If it is locked, the lock would be drilled out. Regardless, the cost of placing my locks on the unit would be charged to the tenant.
As for not paying the rent, we always issue a pay or quit even if the tenant is vacating soon (what happens if they do not vacate?). It will not help with collection but on LL reference I can state honestly that they received a pay or quit for missed rent. Did you perform a thorough tenant screening? Did he have a credit score that will be impacted with a hit, You will likely lose some money if your tenant has a poor credit score. If he has a decent credit score your chance of collecting all funds owed goes up significantly. Regardless, if they owe money send it to collections that will ring their credit (even if their credit is already poor).
the tenant does not create the rules. The lease creates the rules. Do not let the tenant create the rules.
Good luckyoure absolutely correct Dan, I would just air on the side of caution and use diplomacy first before bringing down the hammer on someone who seems like they have nothing to lose.
Thank you for your comment. Diplomacy is the way to go 100%, but how do you do it if the tenant does not respond at all?
- Lender · Lake Geneva WI, USA · Member since 2023 · 141 posts · 72 votes1y
Quote from @Natalia Perlova:
Quote from @Jacob Thorpe:
Quote from @Dan H.:
What does your lease state? Does it state that you can show the unit to perspective tenants? If it does, it does not matter that tenant will not let you in. Does your lease prohibit changes to the unit such as lock changes? The tenant should not be able to change the unit outside of hanging pictures, etc.
My lease allows me to show a unit to perspective buyers or tenants. I have never used this provision but if I wanted to, I would not ask the tenant for permission but tell him when I would be showing the property. If it is locked, the lock would be drilled out. Regardless, the cost of placing my locks on the unit would be charged to the tenant.
As for not paying the rent, we always issue a pay or quit even if the tenant is vacating soon (what happens if they do not vacate?). It will not help with collection but on LL reference I can state honestly that they received a pay or quit for missed rent. Did you perform a thorough tenant screening? Did he have a credit score that will be impacted with a hit, You will likely lose some money if your tenant has a poor credit score. If he has a decent credit score your chance of collecting all funds owed goes up significantly. Regardless, if they owe money send it to collections that will ring their credit (even if their credit is already poor).
the tenant does not create the rules. The lease creates the rules. Do not let the tenant create the rules.
Good luckyoure absolutely correct Dan, I would just air on the side of caution and use diplomacy first before bringing down the hammer on someone who seems like they have nothing to lose.
Thank you for your comment. Diplomacy is the way to go 100%, but how do you do it if the tenant does not respond at all?
Show up and knock on their door. bring some muscle if its in a bad area when ever I was flipping in the hood I would usually have a pistol on me and I always was with a couple good ol boys. When youre dealing with people on the street they dont really have respect for courts/laws/ police and will squat, short you money, steal, it is survival for them. You have to understand how to deal with them. A part of the reason why you notify police, and you get the quit notice, use diplomacy initially - is to protect yourself so you can take action. If the lease is dissolved, you have a lot more power. Another thing you have to do is know your tenant or have a manager who can know your tenant. If youre dealing with someone who lost their job that is different than someone who is a felon and a drug dealer.
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