Taking unpaid rent from Security Deposit.....?

Question

Hi,

Section 8 tenant lease started Friday, following day they decided to move out! The lease is between us and the tenant. Section 8 were to pay the rent (but the first payment takes a few weeks to be deposited and is back paid).

Security Deposit was via tenants a CA cash aid program (CalWORKS). Now we have to find a new tenant.

Lease states unpaid rent can come out of security deposit. What do we as landlord provide to do this? We can take 1 month right?

Chris B. · Answer

The state where the property is located typically has the ramifications outlined pretty clearly and can be found online.  In my state, as a landlord, we need to make a good faith effort to clean up and re-rent the property and can charge the tenant who left for the vacant period up until it is re-rented with a 2 month maximum plus any other reasonable charges such as repairing tenant damage.  Hopefully after 1 day there, your house is still in good shape.  It doesn't matter if they were Section 8 or not and the same rules apply.  Section 8 is there just to pay a portion of the rent and pretty much nothing else. In your case, you should already have the full deposit and the tenant's portion of the rent.  Otherwise you should not have given them the keys.  Hopefully you will also eventually get that 1st month's portion from the government.  Based on my state's rules, I'd recommend keeping everything you have currently and try to re-rent it.  If it re-rents quickly, you can return some possibly.  Good luck collecting from them any additional left outstanding.

Nathan Brown · Answer

Does your lease stipulate a remedy for tenant breach? Typically you would have the right to send to collections for the entire amount of the lease value. But if you want to liquidate your damages by merely withholding the deposit, that would  probably be the quicker and easier solution.