Tenant wants to use the security deposit for their last month's rent

[Nicole He]

Hello! I filed an eviction case against our month-to-month tenant because she did not pay the rent for April. She wants to use her unpaid April rent as her last month's rent and apply her security deposit to cover May's rent. She plans to move out tomorrow, April 30. However, the lease states that for month-to-month agreements, tenants must provide a 60-day notice. Despite this, she insists on moving out tomorrow.

If I accept the keys and write her a letter stating that she remains liable for the unpaid rent, can I ask the court to issue a judgment against her for the money she still owes us? Please advise.

[Greg M.]

Your goal is to get her out as fast as possible. 

You don't have to write her anything. The contract rules. You can sue her for losses after she has left the unit, but MAKE SURE SHE IS GONE TOMORROW.