Delinquent Tenant asking me to use security deposit and last month rent

[Sendil Thangavelu]

Hello,

I have a tenant who has been delinquent for most of the 3 months since they moved in. They eventually have paid so far, albeit late. For the month of August 2024, they are saying that they have hardship and want me to use the money they paid as security deposit (2X rent).

Legally, am I required to use security deposit towards rent when they are delinquent or can I move forward with eviction process?

Thank in advance for your guidance.

Sendil

[Nathan Gesner]

Quote from @Sendil Thangavelu:

You are making a mistake by letting this tenant stay. Get rid of them as quickly as you can or you will face bigger problems down the road.

The deposit is for cleaning and damages after the lease is over. It should never be applied towards rent, repairs, or anything else. If you spend it on rent this month, I guarantee the tenant will be short again and you'll have no leverage to hold them accountable.

Tell them to move out by August 31st. After they are gone you can apply the deposit to the unpaid rent for August and be done with them.