Landlord Question and Answer Forum

My tenant has been late on the rent since October. I had been working with them. I served them a 3 day pay or quit in April when they only paid part of the rent. They still owe me part for April. They moved out on May 5th. Can I withold the "last months" deposit since they did not give 30 day notice or can I only withhold the amount of rent owed i.e. balance for April and pro-rated until May 5?

you have part of april owed to you that can be subtracted Late fees should also be applicable Damages or repainting can be deducted if it was in lease you gave notice in april but did not specify date in here Did they go beyond the 3 days and owe for part of may? I believe once they are over 5 days late you can charge 10% late fees Have all your paperwork in order in case you have to go to court. Never skip a month when writing receipts as court considers tenant paid up for any month you skipped Always date for when rent is actually due

Posted by Cindy H, NY on Wednesday, May 12, 2010

Thank you, they still owe $ 900 for April. They stayed about 2 weeks beyond their 3 day notice until May 5th. I know I can keep the per diem rate for each day in May. My question is since they violated the lease by not paying rent and did not give me a definitive date when they would be moving, can I keep the per diem amount for every day it is vacant until I can get it re-rented?

Posted by Robin C, CA on Wednesday, May 12, 2010

count your blessings, 3 day or get out. they did that. Immediately write a accounting of your charges and send it to them before your time is up or you can occur charges from them. Charges are prorated amt. always 30 day prorated. late fees. repairs/ damages, past due amounts. Mail asap to last know address . Keep copy in file and original if it comes back to you. I believe you have 30 days to do this from the time they left. What ever is left must be returned.

Posted by Lucille M, AZ on Friday, May 14, 2010