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Updated over 3 years ago on . Most recent reply

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Jason L.
  • Rental Property Investor
  • Delray Beach, FL
169
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Should management fees be taken from evicted tenant's deposit?

Jason L.
  • Rental Property Investor
  • Delray Beach, FL
Posted

I evicted a tenant back in June through my property manager. The tenant was in default on 2.5 months of rent (about $1700 total), but also left the house with over $3000 in damages. The tenant had a $650 security deposit, which I had assumed would come back to me to cover some of the damages. However, my PM took their normal 10% fee and is claiming that the SD is being used to cover the unpaid rent instead. 

Are they correct that the security deposit of the evicted tenant covers unpaid rent before incremental damage to the house? I'm not looking to cause a stir either way (I'm in over $6k on this eviction after the legal fees, so what's another $65  :P ), but I am curious if there is a legal order for how the deposit gets applied post-eviction?

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Scott M.
  • Real Estate Broker
  • Rochester Hills, MI
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Scott M.
  • Real Estate Broker
  • Rochester Hills, MI
Replied

We always apply security deposits to things that can't be challenged before things that can be.  For example we would always apply it to back rent first before applying it dirty carpet.  If they owe rent, utilities and for dirty carpet we will go in that order as well.  This however is in our documentation as well.  I am not aware there is a legal order, that said, I do believe that most managers would follow a similar path.  

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