2 years back I rented my townhome to a couple, when I showed the place it was the lady who checked out property and couple with kids moved in. I manage rental myself, I inspect property every 6 months. First 6 to 9 months, always the lady communicated with any repair requests or for anything I wanted to check, all good. When i visited property near the 1st year lease end, it felt like the wife and husband are going through marrige problem, wife stopped communicating now all communications are done by the husband and the guy is pretty rude during my visit. Tenants were always paid rent on time, so I felt, they may be going through rough phase, and inspite I didn't like to keep them in my property, on multiple requests by the guy I extended the lease for next year, lady of the house is no where to be seen in other repair or home inspections.
3 months into 2nd year lease during one of my repair visit, when I casually inquired, how is his wife and children, he was pretty rude on why I'm inquiring about his wife and asked me to mind my business, not sure if I have right to check if the people put on lease still leaving or left, but I didn't inquire further and engaged rental agency company to manage the property as I didn't like to deal with this rude person.
In the months agency is managing, they communicated to me that HOA got several complaints against this tenant for playing loud music at night, leave trash outside, and other such nuisance. So finally I have asked agency to communicate that I'm not extending lease at end of current lease period.
Now 2nd year lease is ending this month and he is not paying last month rent, on agency checking multiple, he keeps saying use the security deposit towards last month rent. I expected that rental agency handle how to deal with and make him pay the rent, instead they are just communicating me that they are not able to get him pay rent.
How can I get him pay last month rent, I do not want security deposit to be used towards last month rent, moreover I'm suspicious that he may end up damaging the property, already carpet is messed up, wall are made dirty, i was hoping to use the security deposit towards these damages, but now I'm not able to get the last month rent. Rental agency is not doing anything other than communicate.
Please advice how to deal with this.
Unfortunately there isn't much you can do. It is pretty common when you non-renew a lease that the tenant will not pay the last month rent, but if he moves out on his own and you avoid having to go through the eviction process then I'd count that as a win. In theory you could try to bring him to small claims court and seek a settlement but I highly doubt that would be worth the trouble, and tenants know this.
I'm not too familiar with NC tenant laws but I know most of the states up here in New England it is illegal to use the security deposit towards missing rent. If you keep any of the security deposit, which it sounds like you're going to, make sure to document all the repairs you did with it.
Sometimes this happens which is why you always do background checks on all tenants on the lease. It's always rough when you rent to one person, then there is a break up and you get stuck with the worse tenant, and from my experience it is ALWAYS the worst tenant that you get stuck with.....
Good luck - I know that wasn't much help but I feel for you. It sounds like you handled it correctly and being short 1 month rent is definitely not the worst case scenario.
The rental agency should know that you can't use security deposit for last month's rent. Tell them to file a notice to pay or quit.