useind depoist for unpaid rent

I had A tenat who dind't pay their rent due on the 1ST. we have a six month leese agreement.I mailed and posted a three day pay rent or quit notice demanding the rent or possesion by the 14th. The tenant left me a message saying"you can consider me gone, today the 13th, I will send you the key in the mail". the tenat thinks that I have to return his entire deposit within three weeks because I posted the notice and he complyed. I figure I can deduct rent money from his deposit untill I find a new tenant and if his deposit is exhausted before I can resonbly find a new tenant I can sue him for however much rent I lost(within the lease period). Is it possible I am wrong, might I only be able to deduct rent from the 1st to the 13th when he had possesion or that I might have to return the whole thing.

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by green landlord:
I had A tenat who dind't pay their rent due on the 1ST. we have a six month leese agreement.I mailed and posted a three day pay rent or quit notice demanding the rent or possesion by the 14th. The tenant left me a message saying"you can consider me gone, today the 13th, I will send you the key in the mail". the tenat thinks that I have to return his entire deposit within three weeks because I posted the notice and he complyed. I figure I can deduct rent money from his deposit untill I find a new tenant and if his deposit is exhausted before I can resonbly find a new tenant I can sue him for however much rent I lost(within the lease period). Is it possible I am wrong, might I only be able to deduct rent from the 1st to the 13th when he had possesion or that I might have to return the whole thing.<HR></BLOCKQUOTE>

Consider the tenant gone, but not forgotten. The tenant can not use the security deposit as payment of the rent but now you can. You are required to give the tenant proper notice that the deposit will be used in that manner.

Within 30 days (I think) of T surrendering possession, you have to mail T a statement of deductions taken from the security deposit & a refund of any remaining money. You can charge T rent until you re-rent the place. If you re-rent in July, you have to credit T for any July rent money you collect from the new T. Call the local tenant's rights association to see if your deadline is 30 days or something else. Deduct the full rent for July from the deposit. On Aug 1, deduct full August rent if you haven't found a new tenant. On 8/12, send the deduction statement by the deadline, along with a note indicating that you will refund any August rent you collect from the replacement tenant. (Certified, return receipt)

Don't forget to inspect the premises thoroughly. There are all sorts of tricks tenants can play to minimize the appearance of damage. (Toothpaste in wall holes, wood stain on scratches, etc.) You statement should include any repairs or cleaning deductions, too. My guess is that you'll end up sending T a statement that he owes you money.

One caution: you can't charge T for shampooing the carpets unless T has tracked in an exhorbitant amount of dirt or stained the carpet. Carpets are expected to get dirty -- that's normal wear & tear. Same thing for repainting: you can only charge if T left marks on the walls.

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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.