Landlord Question and Answer Forum

I had to evict my tenant and through the courts, I received possession of my rental property and a judgment for $1355 in back rent. The judgment was entered 30 days ago and she has not paid me the judgment. I have her $600 security deposit. I am still within the 30 day period to send her the security deposit letter. Since I have not been paid the judgment, can I apply her $600 security deposit to the judgment and indicate this in a certified letter stating now that her balance of judgment is $755 due to me?

I would think so, here in Indiana the judges always reduce the judgement amount by the security deposit before it is entered. But it is hard to imagine turning money back over to someone that owes you even more.

Posted by Curtis B, IN on Friday, June 15, 2012

Thank you for responding Curtis. I'm glad I live in PA and not Indiana because I don't feel that the security deposit should be deducted from the judgment until the landlord has access to the property and can access any property damage or items missing. I did not have access until after the hearing and judgment was entered. I do appreciate your prompt response. Thanks.

Posted by Karen K, PA on Friday, June 15, 2012

Well we have 2 hearings here one initial one that sets possession and then another a few weeks after possession that settles damages and the judgement is not entered till after the final one, where past due rent, damages, late fees, etc are offset by deposit and a judgement is entered.

Posted by Curtis B, IN on Friday, June 15, 2012

Then that does make sense for Indiana. Here in PA, the Order of Possession and the reason for Eviction (which would be for 2 months of unpaid rent in my case) are done on the same day and judgment is entered usually the same day but within 3 days of the hearing for sure. She had ten days to be out of the rental. On the 11th day I had access. I really appreciate your responses to my message.

Posted by Karen K, PA on Saturday, June 16, 2012