Tenant won't pay last month of rent; wants to use damage deposit

[Everlast]

Hi everyone,

I have a tenant who is refusing to pay the last month's rent and wants me to keep the damage deposit. I don't want to deal with the possible issues if he moves out with damages.

What are my options?

[Cos]

.

[dj_rice]

http://www.landlordandtenant.org/splash.aspx

[Sophal]

Using Security Deposit to Pay Rent During the tenancy, you can ask a landlord to use the security deposit as rent, but it is up to the landlord as to whether he is agreeable to the request. If the landlord agrees to use the security deposit as rent, there is a risk that there will not be a fund to cover any damages when the tenancy is over. A landlord may then be in the position of having to request extra money from you or having to sue you to pay for the damages.

http://tenant.landlordandtenant.org/.../pay_rent.aspx

[Xtrema]

Originally posted by Everlast
Hi everyone,

I have a tenant who is refusing to pay the last month's rent and wants me to keep the damage deposit. I don't want to deal with the possible issues if he moves out with damages.

What are my options?

Good luck. Pick better tenant next time.

[Kloubek]

The whole purpose of the damage deposit is so that you have security right up until the point the tenant moves out. That's the whole idea... so what makes him think his situation should be any different?

When I've heard of tenants really wrecking a place, it is usually in the last month they are there; if there is any time you want to be absolutely sure you have a deposit, this would be it.

Simply tell him you understand the request may seem easier for him, but it negates the whole purpose of the damage deposit and he's just going to have to pay his rent like every other renter in the country has to. (Perhaps put a little nicer than that)

[max_boost]

Originally posted by Kloubek


Simply tell him you understand the request may seem easier for him, but it negates the whole purpose of the damage deposit and he's just going to have to pay his rent like every other renter in the country has to. (Perhaps put a little nicer than that)

[Xtrema]

Originally posted by Kloubek
Simply tell him you understand the request may seem easier for him, but it negates the whole purpose of the damage deposit and he's just going to have to pay his rent like every other renter in the country has to. (Perhaps put a little nicer than that)

This isn't a request. It's out right refusal.

I had this in the past. There is nothing you can do unless you are willing to lose more money and time on it. This is quite common, they know you can't kick him out in any reasonable time anyway.

Of course, if he ended up causing 10s of thousands of damages, it may be worth the trouble.

[FraserB]

It really sounds like hes going trash the place/ steal a bunch of crap.

Deny his request and then if he refuses, treat it as not paying the rent.

Are landlords in Alberta allowed to report to credit bureaus?

[Xtrema]

Originally posted by FraserB
Deny his request and then if he refuses, treat it as not paying the rent.

I wish not paying rent = 24hr eviction.

Unfortunately, it's not. That's why there are people pulling this stunt.

They know the eviction process take too long and cost of recover damages after the fact costs too much with little success.

That's why the due-diligence has to be on picking tenant. Spend your time, filter and review all candidate and do as much background check as possible.

[Cos]

.

[SmAcKpOo]

He's doing it because most asshole landlords in this city take the damage deposit and refuse to give it back.

When you take them to court they fabricate damages and forge move out inspections so the court makes a judgement in their favor. This has happened to me twice already so I fully understand where your tenant is coming from.

With the rental market in huge demand right now landlords couldn't give two shits about tenant rights.

A 14 day eviction notification needs to be court sanctioned. At most all you can do is place a 90 day eviction notification. Anything shorter needs to have court approval and good luck getting that during winter when its -30.

Honestly OP, go take the door off the suite, I am not joking. I had a friend who's boyfriend was a landlord and anytime his tenants refused to pay rent he would remove the door. The threat of all your shit being stolen is incentive enough to pay your rent. Threaten him over the phone stating you will remove the door to the property if rent is not paid in full in 24 hours.

[SmAcKpOo]

Double post.

[jdmXSI]

Originally posted by SmAcKpOo
He's doing it because most asshole landlords in this city take the damage deposit and refuse to give it back.

When you take them to court they fabricate damages and forge move out inspections so the court makes a judgement in their favor. This has happened to me twice already so I fully understand where your tenant is coming from.

This is what came to mind when I read the op's post.

What is your tenant like? Are they single in their early 20's, are they in university, a couple, seem like partiers, how long have you rented to them, have they missed any payments or been late, do they have kids? These are all things I would take into consideration before determining how to hand the situation.

What if you were to give them the manditory 24hr notice an do an inspection of the property and take photos of its current condition? If your property is in the same condition prior to the tenants moving in and they seem like respectable people, I wouldn't see the problem. Maybe they did have a bad experience with a previous landlord and being cautious about their funds? Who knows, you did not provide enough information.

Good luck!

[Xtrema]

Originally posted by SmAcKpOo
Honestly OP, go take the door off the suite, I am not joking. I had a friend who's boyfriend was a landlord and anytime his tenants refused to pay rent he would remove the door. The threat of all your shit being stolen is incentive enough to pay your rent. Threaten him over the phone stating you will remove the door to the property if rent is not paid in full in 24 hours.

Ballsy move, not sure if it's legal.

And the fact that he can still cause more damage than the deposit can cover. So this will only work for dives and against low lifes.

In the end, the landlord will probably not come out ahead.

Although I see your point about scumbag landlord not returning deposit. I have only ever not returning deposit once and it did cost me more than the deposit to clean it up for the next tenant.

Most tenants I picked are courtesy and clean. I pick them like they are coming for job interviews. Shouldn't be hard in this market.

[blitz]

When I was in school I had landlords screw me out of damage deposits, so I can relate.

Why not tell him that you'll do a walkthrough with him on your last day and hand him a cheque when he hands you the keys?

[revelations]

OP next time DEFINITELY request a credit check, I wont rent my place to someone less than a 700 - esp in this market.

[swak]

I've had landlords let me pay last months rent with dd.
If the guys reasonable - OP I honestly think you're overreacting a bit here.

Its easier to put dd towards rent if it covers it. Beats me paying you for you to pay me back the next week...

[googe]

Originally posted by revelations
OP next time DEFINITELY request a credit check, I wont rent my place to someone less than a 700 - esp in this market.

This type of behavior won't show up on a credit check.

[FraserB]

Originally posted by googe


This type of behavior won't show up on a credit check.

Immaturity and irresponsibility can. Those are probably pretty good indicators of what you can expect going forward. A credit check will also show "R" values on their credit instruments.

Above 700 or 750 and nothing except "R1" ratings seems fair.