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I have a tenant who signed a lease for 1 year, but it has been three years now, and I never renewed the lease. My problem is they are behind 2 months rent and I just found out that they are starting to vacate the property. I inquired about the overdue rent and they said it was mailed. It has been almost 2 weeks and I have not received it. As far as I am concerned they are going to use last months rent which they paid upfront and the security depost for the 2 months they are behind. Can they do that being a tenant at will. Thanks

Helen M, FL on Sunday, July 20, 2008

RE: Tenant at Will

Much depends on the Lease. usually leases specify that the security deposit may not be used as rent. However, the last month's rent is just that the last months rent. If there are no damages and they have been fairly good tenants, I would let it go. Don't forget to give them an itemized statement of the security deposit. Check with your state regulations as the time varies.

Posted by Denise S, PA on Friday, July 25, 2008

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