[RPPTL LandTen] Security Deposit conundrum

[David Weisman]

Isn't the purpose of a security deposit to stand for a tenants default?  We all think about the end of lease procedures, but I think you send a notice of default and notice that the security deposit is being applied to June rent. Wait until it is due. Then make demand for restoration of the deposit and in July apply the last month.


David Weisman

Sent from my iPad

On Apr 25, 2014, at 2:03 PM, "Harry Heist" <harry at evict.com<mailto:harry at evict.com>> wrote:

Scenario:

Residential tenancy
Rent: $500 a  month
Landlord holds $500 security deposit and $500 last month’s rent
Tenant gives notice and a forwarding address and vacates on May 15, 5 months before lease is up.  Rent is paid for May.
Landlord has 30 days to make claim on deposit.
Unit is still vacant
How does landlord claim both months he is holding as in the 30 day period , the most the tenant will owe is June rent?
On June 1, tenant will owe June’s rent but how does landlord keep the last month’s rent he is holding?

Alternative scenario: Landlord does not hold last month’s rent but holds a $1000 security deposit.

?????????????????

Harry

LAW OFFICES OF
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
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Website:  www.evict.com<http://www.evict.com/>
Email: harry at evict.com<mailto:harry at evict.com>
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