Tenant not paying last month rent-Told me to use Security deposit

[Manny Andrade]

Hello BP family, this is my first post.

I have 5 rental properties, all SFH, in a B to B+ neighborhood. I currently have a tenant who gave me 30 day notice on 10/21 to move out on 11/31 and is refusing to pay the last months (11/1) rent but telling to take it out of the security deposit. This will leave me no recourse for any damages found during the walk through. Is there any action I can take to make him pay the last month rent or am I stuck with using the security deposit? Appreciate any feedback.

[Bill B.]

I’m sure your lease specifically says security deposit can not be used for last months ent as almost all leases ha for at least 10 years when it became a common practice. 

If your state is open for evictions follow the rules and give them pay or quit notices, apply late fees, file for eviction. Explain to them it is allowed under the lease and if there’s no damage you’ll be returning the deposit to them in about 30 days anyway. 

Maybe schedule a walkthrough with 24-48 hours or whatever’s required in your location. Maybe you see the place looks like new, or you see it’s destroyed. If it’s not like new take pictures that you’ll be using at eviction hearing.