Minneapolis, MN · Member since 2012 · 21 posts · 3 votes
I'm taking back control of several properties which I formerly had someone (poorly) managing for me. In one of them, I have a tenant whose lease is up for renewal, and I'm planning on not renewing the lease because he has 3 additional adults living in his unit beyond what is on the lease. He's been living there for 3 years, and my water bill has been consistently very high that entire time. I pay $250/month for a 2-unit property, which is the same as what I pay at another 4-unit property I own (this includes, trash).
My question is, can I deduct monies from his security deposit because of the lease violation or the excessive water usage caused by excessive people living in the unit?
My understanding is I could evict him for having too many people, and that if I evicted him I'd be able to keep his security deposit, but I don't want to go through that process.
Be careful about evicting for "too many people". You don't want to discriminate against families.
Instead evict for people staying in the property who are not on the lease agreement.
And also in most states, the first part of the eviction is a notice to quit doing whatever they are violating or leave. So you can serve them that just to scare them.
If they are breaking an ordinance you need to address that. If it's a lease violation you can terminate that lease and re-lease it at a higher rent to cover the expense or ask them to clear out. Have you asked them about the "excessive" water usage? Could you have a leak past your water meter and before the house?