Landlord Question and Answer Forum

I have eveicted my tenant. I had her give me 1st and last months rent, plus one months rent as security deposit. On Oct 1, she gave me a 30 day notice, so I applied the last months rent that I collected in the beging towards Oct. rent. It is now Dec 1 and she has not paid anything for Nov. She said she will be out by Dec 3. My question is, can I apply the one months security deposit towards the Nov rent that she has not yet paid? Or will I need to refund her security deposit and the sue her the the unpaid rent? Tony

No you can keep the security deposit for November's rent as that is "damages" that she caused you. But, you MUST send her a letter within 21 days (for Wisconsin) with an itemized deduction of what you are retaining. E.g. $800 collected, $800 taken for November rent, $0 balance due. If you do not send this letter within 21 days, she can sue you for DOUBLE the amount of the security deposit and attorney's fees. So don't let yourself be sued over one little letter. And if you evicted her, why is she still there?

Posted by Dawn A, WI on Saturday, December 1, 2012

Thanks for the reponse Dawn. The eviction just went to court last week and the judgement was finally granted. This is what I get for trusting her word on being out by Oct 31st. Lesson learned. And yes I will get the Itemized list out to her on time. Thanks again.

Posted by Anthony A, WI on Saturday, December 1, 2012