Tenant not paying last month rent, thinks sec deposit covers (MA)

[Yuzi Stha]

Hi all,

(This is based in Massachusetts).

I have a situation where Tenant has not paid last month rent (lease scheduled to expire on July 31, 2021). Rent was due on 1st of July and when I reach out to him, he thought security deposit that I have is his last month rent so he is not willing to pay last month rent. He has already started moving some of his stuffs to his new place since I had told him a month ago that we are not renewing the lease with him. This tenant has been super difficult to communicate, when I send him text he simply ignores the text and does not reply, does not call back etc. Tenant was inherited to us when we bought the house last year.

I want to get last month rent as possible, as I am not sure about the condition of the apartment when he leaves, I may have to use security deposit to cover for damages he might have done to the apartment if there's any.

Please share your similar experiences or provide any suggestions that would be helpful. If I have to go through legal route what's the process? 

Thanks in advance,

Yuzi

[Theresa Harris]

Tell him that the deposit can not be used for the last month's rent, it is a security deposit.  You can also look up the rules where you are about the deposit.  Some areas it specifically says that it can not be used for last month's rent.