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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33717
Experience:  15 years real estate, Realtor. Landlord 26 years
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My tenants are trying to use their security deposit as the

Customer Question

My tenants are trying to use their security deposit as the last months rent. I'm quite sure the $900 security deposit will not be enough to fix the things they've done to my property such as using Kerosine instead of heating oil in what was a fairly new furnace. Can I make them pay the last months rent or do I have to sue them once they move?
Thank you,
***** *****
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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The tenants would have no legal right to use the security deposit as rent unless you allowed it. The purpose of a security deposit is to cover physical damages, cleaning and any delinquent rent once the tenant has vacated.
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So if they haven't paid the rent when due, your first step is to give them a 5 day notice to pay or vacate. If they don't pay within that period, then you can pursue a formal eviction against them in court and get a judgment and writ to have the sheriff physically evict them. . Then you can assess any damages, deduct it from the damage deposit, deduct any delinquent rent, and then pursue them in small claims court if there is a balance due.
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thanks
Barrister

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