Going going but not quite gone

[Ihe O.]

My tenant is 1.5 months behind on her rent just served notice to vacate at the end of the month, promising to pay all rent due before she leaves. Technically she has not given a full 30 days notice so there is probably another week that she would owe but I am not stressing myself over that - happy to get the apt back month end.

Then she comes back and says can she use security deposit in lieu of final month. I say no because it won't cover me for breakages and she owes another 3 weeks rent anyway, pay your rent please.

There's been no response and she is yet to give me a forwarding address.

I am mulling issuing a civil suit for the unpaid rent now that I still have an address where I know she can be served (my apt).

Assuming there are no breakages and she leaves when she says my max exposure is about $1k, ultimately though I may write it off, either way I am interested to see what is thought of my solution and what  other options there are. 

[Nathan Gesner]

I always recommend erring on the side of caution. If she's late on rent, charge the late fee and start the eviction process according to your lease and your state law. If she owes rent through the first week of June, charge it.

Once she is out, then you can decide whether the late fee or extra rent is worth going after (probably not). Don't cut yourself short by waiving late fees or ignoring your eviction process because the tenant will smell your weakness and take advantage of you in other ways.

I don't know the Maryland law but my state says it is illegal for the owner to apply the security deposit to any charges before the lease is terminated and the tenant is out. If the tenant tells me to use the deposit for their last month's rent, I send them a copy of the law along with their late charge or 3-day Pay or Quit Notice. If you tell them you will apply the deposit toward's rent, what leverage do you have for cleaning and repairs? None.