Can a landlord evict a tenant for not paying all of the security?

5 Replies

Did you let tenant move in without securing complete security deposit?  If so bad move from the start.  You almost certain to have nothing but problems with tenants.  Your best of consulting with a lawyer in your state but I would never allow someone to move in without meeting requiremetn of security deposit, first months rent-both in form of a cashiers check-and renters insurance with me listed as additional insured.  Just my 2 cents but feel like your going to hear same from others.  I dont' think security deposit being short gives you grounds to evict as is there to cover damages to property and doesn't really qualify as a late or missed payment like not receiving a full rental payment would be.  Oh, on that topic, don't accept any partial rent payments, its all or nothing.  You never going to get them out if you start taking partial payments.  

If, for whatever reason, you allow a tenant to move in with less than the full amount of money for rent and security deposit, you should structure the deal so that the money they give you is for the security deposit FIRST, and they are to finish paying the rent payment by xxx date.  

 If they give you $1000 deposit and $500 rent on move in on the 1st, and are scheduled to give the other $500 on the 15th (next paycheck?).   If they fail to fullfull on that, then the next day they should have an eviction posted on the door.  Be certain they know this before signing on the dotted line. 

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