Security Deposit Question

[Jay P.]

Hi All, 

In my lease agreement with my tenant it reads: 

"Tenant herewith has paid to Landlord the security deposit stated above, receipt of which is acknowledged by landlord, as security for the faithful performance of the terms of this lease by tenant, including, but not limited to, payment of rent and to the return of the premises in undamaged condition." 

The tenant is behind 2 months rent at this point and is planing on leaving end of June (hopefully). I plan to use whatever is needed to repair the damages (if any) from the security deposit. 

Can the remainder be kept for unpaid rent as per excerpt from the lease above? 

The tenant was also able to accumulate several fines from the city for parking a trailer on the property but if this is not resolved the city can place a lien on my property and make it my problem, can I keep the security deposit for this also? 

I do have a monetary judgement from a judge as this tenant has done nothing but cause problems and has refused to leave.

Thanks

[Deanna McCormick]

Pro tenant on what grounds,, maybe your paperwork was not prepared correctly, facts are facts and you need to follow thru with any court agreements or settlements. Don't be afraid to stick up and state the facts,, but you have to have documentation to back it all up.  if you can't figure it out get a lawyer to do it for you,, it's costing you money everyday they remain.

Your lease should include court fee's as cost you can recover.. maybe you should reread your lease