Tenants using security deposit to pay last months rent.

[Sue Bladek]

 I have a tenant that has given a 30 day notice, which puts their move out day at June 25. They get keys to their new place June 5th and plan on having the unit "move-in ready" and surrendering it by June 12. I explained to the tenant that rent was still due on the first and they will be prorated back any rent for the month, if I am able to place a tenant prior to the 25th.  In Michigan it is illegal to charge one and a half months rent for security deposit, which the tenant now believes can be used as their rent. They believe because their giving it back "move in ready" they will still have the "half a month" for repairs.

I've read hundreds of replies on other forum posts about being tough regarding paying rent late, but I just don't know what my recourse is in this situation. They are leaving and I don't feel as if there is anything I can legally enforce. 

[Thomas S.]

The proper procedure is to proceed as with any tenant that has not paid rent on time. The process is very clear and should be followed to the letter regardless of whether they have given notice. You do not know the future and can not predict where this will go.

Or you cross your fingers and hope there is no damage to the unit that will require you to take them to court.

Give notice immediately to enter and do a inspection to confirm condition of unit and on the 2nd of June begin the legal process to collect rent including applying a late fee.