How to Legally Deduct Security Deposit (Tenant Uses it as Last Month's Rent)

[Jack Quin]

Hi,

I did not renew my tenant's lease due to frequent late on rent payment. Currently he is late for the last month's rent and it looks like he is thinking to use his one month's security deposit as the last month's rent. How can I deduct security deposit for unpaid rent legally? Should I file eviction now to serve as an evidence of unpaid rent? The house is in Anne Arundel County, Maryland.

Thanks 

[Joe Norman]

In Maryland you are required to provide a Move Out Statement that lists all of their credits (security deposit, interest on deposit, prepaid rent, etc.), outstanding charges (rent, late fee, damage) and the balance (surplus to be returned or amount still owed).

I would notify the tenant now that the SD is NOT intended as their last months rent payment, and that they will still be responsible for that as well as any damages. Collecting on that threat is a different issue but you can at least put it out there.