Question about final month of occupancy and deposit

[Jerry Hill]

Need some advice. I have a tenant who has been with me for a year and has always paid on-time the full amount owed and has never been a problem. Enter the girl friend who moved in full-time within the last 3 months. Since she has moved in, I have cited him for a couple of lease violations (which was her fault). Last month, he gave me a 2 month notice that he was moving out. Now that we are in the last month, and the final months rent is due, he is telling me that he started a new job and he has been shortened on his pay and is asking to apply the deposit to the last months rent and that he will leave the apt. clean and tidy. 

What would you do?

[Mike McCarthy]

Absolutely not. Once the deposit is used for rent, what will you do about the hole in the wall or the broken door that he left?

Many (some?) states don’t allow the deposit to be used for rent. I would use that as my ‘excuse’.

“Rent is still due on the 1st as we’re not allowed to use the deposit for rent payment. As long as you leave the apartment clean and free of any damage, I’ll get the full deposit back to you within 30 days and I’ll try even sooner. “

I’d also define what you expect in terms of ‘clean’. Broom swept? Or rent-ready with doors and cabinets washed, carpets vacuumed, etc.