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Updated about 7 years ago on . Most recent reply

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3
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1
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Greg Laforge
  • West Somerville, MA
1
Votes |
3
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Bounced Security Deposit but Assisted Rent Check Deposited

Greg Laforge
  • West Somerville, MA
Posted

Hello,

I've recently signed  a lease with a new tenant. I made the mistake of accepting a personal check for the security deposit. I now know never to do this, please spare me and help with my current issue at hand. The check for the security deposit bounced. However, they used an assistance program to pay for the first months rent. This of course, did not bounce. I haven't given them the keys yet. We are about 25 days into the lease, can I terminate the lease due to them not paying the deposit as agreed in the lease even though I have 1 months rent deposited? Can I just return the first months rent to the respective program  (or maybe I'm entitled to it?)

Any help would be greatly appreciated. I understand nothing said is legally binding. 

Thanks,

Most Popular Reply

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909
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Justin Kane
  • Specialist
  • San Antonio, TX
297
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909
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Justin Kane
  • Specialist
  • San Antonio, TX
Replied

you are entitled to whatever money has been used per your agreement. and as for the security deposit, sometime the best way is to work a payment plan if they seem like honest good people that fell on hard times then work with them, but if it looks like they took advantage and know how to play the game then your in a sticky situation. in that case I would begin the eviction process on the 3rd and file by the 10th then meet them in court to have them evicted but sometime judge will allow them to stay then have them set up a payment plan anyway so I would try that first that way you can show the judge that you have tried to work with these people to no avail. and another way is just cash for keys.. PAY them to get out of your house.

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