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 about 9 years ago, 11/20/2015

User Stats

1,748
Posts
338
Votes
Ayodeji Kuponiyi
  • Investor
  • King of Prussia, PA
338
Votes |
1,748
Posts

Can Late Fees be Deducted from Security Deposit??

Ayodeji Kuponiyi
  • Investor
  • King of Prussia, PA
Posted

Hi BP Nation! I hope you all are having a great week. I apologize in advance if this question was already asked. My father-in-law recently retired and relocated back to the Caribbean this past February. He rented out his single family home to a relative (who has taken advantage of his absence by paying rent late since moving in.) 

According to the Lease, the tenant is to pay a late fee of $50 if the rent is more than 5 days late; and then another $20 for each additional day the rent is late. The tenant also changed the locks without the consent of the landlord. My wife has POA (power of attorney) over the property.

My FIL plans to give the tenant a 60 day notice stating he will not renew a lease with them. Great! The problem now is that my FIL doesn't think he can deduct late fees from the security deposit. The tenant has been late since moving into the unit until this present day so the likelihood of receiving the Security Deposit seems unlikely and depending on the condition of the property when he checks it. So there lies the question, can my FIL deduct the late fees from the security deposit? The property is in Pennsylvania. Thank You in advance! 

Loading replies...