Landlord Question and Answer Forum

I have a tenant who is being subsidized by the state. She has not paid her portion of the rent in 2 months and now her subsidy has decreased, meaning she is responsible for paying more each month. She has signed a one year lease and I have sent her proper notifications regarding late fees. However, since she has a history of non-payment, I don't expect her to pay the additional amount since she didn't pay the smaller amount before. I am ready to evict but do I have to return the security deposit?

I would think she's not going to leave the property in perfect shape when she moves. I would not hesitate to evict her. I would also report that she is not paying her part to the state (Section 8?) She will loss her assistance, this helps prevent this from happening to the next LL. You just don't want her to get 1/2 her rent paid for free when she's not paying her part.

Posted by Ralph F, NY on Thursday, August 3, 2006

tenants moved uot early by 1 month,property manager gave me their srq. dep of 875.00 for the month of jan. which was 25.00 shy of rents. my son moved into prop. on 1/21.now the old tenant wants payment for ten days,...however my son is not renting the house he if fixing up the property because it is up for sale. what dio i do

Posted by susan b, AZ on Thursday, January 24, 2008

Susan: I am not sure I understand your question. But a tenant has no right to receive rent unless a landlord has agreed to those terms first. I would check with your landlord.

Posted by Denise S, PA on Thursday, January 24, 2008