Collecting Repair Costs from Tenant DURING a Lease

[Sara Dunn]

Looking for advice on COLLECTING REPAIR COSTS from the tenant that are incurred DURING the tenancy. Something I can put into the lease terms? Our past tenant caused some damage that needed repair during her lease. It was her fault (although accidental) & it needed immediate repair to prevent further damage from occurring (ie, pipe broken by shoving a metal storage rack into the sink cabinet). I sent her the bill requesting payment. She never paid it, so obviously it was deducted from her security at move-out. Since the bill was small ($35), it was not a big deal. But let's say she had shoved furniture into the attic, on top of the water heater pipes, that eventually leaked through the ceiling & created a repair that cost $500. Is there a way to collect that money from her at that time? I don't feel we should be oop $500 for the next year, waiting to take it from the security at move-out. If the landlord's already owed $500 from the security (say 2 months into a 12 month lease), that may not leave much more security to cover all future damages/unpaid rent/cleaning fees/etc. at move-out. I feel tenants would be less likely to take great care of the property if they realize they've already lost out on 1/2 their security being returned. I'd rather require immediate payment for immediate repairs (not cosmetic) & always have tenants striving to get their full security returned at move-out.

Could you have a lease term stating that monies received go towards any prior balances/rent/late fees/repairs/etc, before it's applied to the current month's rent? Then if they owe $500 for a leak repair and pay you $1200 intended for next month's rent, you can collect your $500 repair money and advise they only paid $700 towards current rent that's due. I'm in TN. Someone mentioned that it's illegal to use "rent" money for anything other than rent. But if it's in your lease & both parties sign it, is it enforceable?