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The security deposit should be applied to the arrearage (including any court costs), and any remainder returned to the tenant.

Does the landord need to notify you how your deposit will be applied.

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13y ago
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14y ago

No. An eviction caused by the violation of the lease by the tenant is grounds for deposit forfeiture.

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Q: If evicted does the secutiry deposit still get refunded to the tenant?
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How are security deposits refunded when one of the tenants remains at the apartment and the other is moving out?

usually the security is refunded at the end of the lease term. If one tenant moves out before the end of the lease, he'll have to wait until the end to get his security back. If the lease is up and one tenant moves out and the other one stays, the initial security payment should be refunded then and the tenant who stays should sign a new lease and put up a new security deposit.


When a tenant vacates an apartment is it right for the landlord to deduct money from the security deposit to pay to clean and paint the apartment for the next tenant?

The purpose of a security deposit is to pay the last month's rent in the event that a tenant stops paying and has to be evicted, not to pay for cleaning and painting. It would only be reasonable to use a security deposit for this purpose if the departing tenant left the apartment in extremely bad condition, requiring an abnormal expense to restore it.


Where to find a copy of the law that states the deposit can be used for the last months rent if your evicted?

Your state laws should have a section about "landlord and tenant" or the like. There are also many self-help books available about landlord/tenant laws. In Massachusetts, for example, the law defines both a security deposit and a damage deposit and ONLY the security deposit can be applied to delinquent rent, and the damage deposit remains the property of the tenant until the landlord proves damage to the premises and the costs to repair them.


Can I use security deposit to offset back rent after my tenant was evicted for default on rent?

Probably. You can in California and I expect most other places that are based on British common law.


What does it mean tenant is entitled to an offset of 400.00dollars for the following reason security deposit if he was evicted do you have to pay this if he owed you two months rent?

Nope, he just owes $400 less.


Can a person with AIDS be evicted on that basis?

Not on that basis. But if the tenant violates the terms of the lease, they can be evicted regardless of that condition.


What happens if your tenant breaks the mediation agreement how soon can they get evicted?

This depends on the mediation agreement, which often has a clause that states that a tenant can be evicted automatically if he doesn't follow the rules on the agreement.


Do I have any recourse if I was evicted for having an unauthorized pet at a no pets allowed property where at least one other tenant has a pet and was not evicted?

Probably not. The other tenant's situation has nothing to do with you.


Can a tenant be evicted if the property is acquired through divorce?

not till the tenant violates the lease or the lease expires


Can wife who did not live in the house prior to renting to a tenant get the tenant evicted?

She certainly might if she now holds title.


What does offset mean He had to be evicted and owed me two months rent. The paper from mag.court said tenant is entitled to offset of 400 security deposit. Do I have to pay sec.deposit back to him?

No. He just owes you $400 less.


What if tenant doesn't cash security deposit check within 30 days?

Then the Tenant can ask for the check to be refreshed. The deposit is the Tenant's money, not the Landlords.