Rent Increase - Deduct from Security Deposit?

[Jay R.]

Hi Guys, 

I have a quick question that I am hoping someone can answer. To make a long story short. I have a tenant whose lease expired in August. I specifically let them know via certified mail in August that for the month of October their rent would increase by $50 dollars due to them being on a MTM lease now. Throughout this month a had to constantly call them because October's rent payment was late. They then told me that they would like to use "Last Months" rent which they paid to the previous landlord as this months payment and they would vacate the premises by the end of this month.

My argument to them as well as my question to you all is. Shouldn't they owe me for the increase in rent for the amount $50 dollars as well as late fees because as of the 10th I did not receive a payment (They both pay separate so that would be double late fees) and I was told after the fact that they would like to use their last month's rent for this month.

To end this long ramble ( I apologize)!! I am thinking of just taking the money out of their security deposit once they leave. Am i right in thinking this way?

[Deanna McCormick]

Their notice to vacate was it submitted to you by Sept 31 ? If so proper notice. If it was after the 1st then improper notice. 

I would not permit the security deposit to be used as rent.. and your lease should show that or the security deposit form should. They will always try saying OH that wasn't security it was last month's rent.. So know the law, Know your lease and underline it and give a copy back to them, With that said.

Yes charge them the $50.00 late rent fee. and If they don't pay you tell them you'll file unlawful detainer eviction action for non-payment of rent , you have no guarantee how they will leave the apartment. Give them the proper notices required.

Let them know you will process the security deposit statement as soon as possible. that you want to cooperate and not file the eviction but you want the rent now.