deposit unpaid

[wussylandlord]

We manage a duplex for my Mother-in-law. The tenant moved in and signed a six-month lease on June 25, 2000. She paid her rent on the 25th and asked if she could pay the deposit ($150.00) on July 10 (her next payday). I consented (I know, big mistake!). All of the utility bills are in her name, with the exception of the water bill which has to remain in the owner's name. The tenant agreed to pay the water bill to us and we would forward it to the water co. She has been late numerous times with the rent and the water bill, and she STILL has not paid the security deposit. We get letters from her with sob stories about how she can't pay it now, but will soon etc. Well, finally we have had enough! Her rent was due Sept 25 and the water bill was due Oct 6. I sent her a certified letter the beg. of last week saying that I needed the rent, the water bill and the deposit ALL paid by Friday, Oct 6 at 5pm. Friday came and went without a word from her. Sunday, we were doing some repairs on the other apt. and she slipped a money order under the door for just the amount of the rent. Finally, my question: Can I take out the water bill money and the security deposit and say the balance is a portion of the month's rent (leaving her quite short) and then evict her for failure to pay rent? The money order did not specify "rent." Can someone please help me?
Sorry so long.

Thanks! Susan

 

[Tracey]

Go ahead. Start the eviction tomorrow. Check your state's residential LT act or unlawful detainer statutes for the forms you need. You might be able to buy an eviction kit at an office supply store.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected]