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Updated over 4 years ago on . Most recent reply

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Rodney Hecox
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Evict for non payment of deposit

Rodney Hecox
Posted

so, my tenant emailed me a "declaration form" basically saying he's gonna not be paying rent. I've met with my accountant and was informed that it's a legitimate document. This question I have is besides the point. My tenant promised to pay the security deposit after the first month, and since the pandemic began I haven't bothered him. Now I'm finding here in MI that I can evict him for non payment of the security deposit, and it will be a different reason than his document can protect. 

basically does anyone have an experience with renting to someone  without a security deposit? I was trying to be nice but I'm not sure if because now it's been 6 months that something has laps

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Ben Zimmerman
  • Rental Property Investor
  • Raleigh, NC
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Ben Zimmerman
  • Rental Property Investor
  • Raleigh, NC
Replied

Consult your lawyer.

I'm no law expert, but I would wager that you waived your rights to evict for non-payment of deposit when you failed to collect the deposit for 6 months.  They should have never been given the apartment keys if they haven't paid the deposit and at least first months rent.  Preferably first/last depending on what state laws allow.

When this is all over, make sure you file eviction and attempt to reclaim / garnish any lost money as your state allows.  Don't let people just walk out and leave without filing.  If you don't file, then the next landlord won't know what happened and the situation is ripe to repeat itself.

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