Landlord Question and Answer Forum

Forum / Move-Out & Eviction / Used deposit as last months rent
When our renters moved out that used their deposit as the last months rent and we told them we wanted them to pay the rent as they would have no incentive of leaving the house clean and in order. They did not pay the rent and they left the house a mess, living room carpet needed to be replaced, the house was filthy, holes in bedroom door, backyard ruined from swimming pool, broken gate, coloring on walls, filthy appliances etc. two weeks after they are supposed to be out they still have stuff in the garage and keep promising to pick it up. They had their big huge swimming pool liner laying in the driveway. Since they have been out for two weeks and haven’t paid rent in six weeks, do we have the right to do what we want with whatever is left? If we took them to court to get them to pay for the rent, $200 water bill, $55 garbage bill, and won, how would we get them to pay it? Does the court just tell them they owe us so much money and then we never receive it more than likely? Do they garnish their wages? We do not want to lose more money with legal fees and not get anything out of them in the end. It is not right that people get away with this because they can!!!!!
Mr. &, NE on Saturday, November 16, 2019
RE: Used deposit as last months rent
Don't sell their stuff! You need to file in court (small claims). If you win but the tenants claim they can't pay, judge will determine what action to take (wage garnishment, tax garnishment, payments, etc). But DON'T sell their stuff!
Posted by Matthew M, IL on Tuesday, November 19, 2019
RE: Used deposit as last months rent
It shouldn't cost that much to go to court yourselves. In future, if that last month's rent isn't paid, you begin the eviction process. Most people will pay rent rather that have an eviction on their record. Agree with above, you have to go to court before you take their things. Or risk it, hope they don't then sue you.
Posted by John P, IL on Tuesday, November 19, 2019
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