Security Deposit

[guestposter]

I rented a house to a Section 8 tenant for over 3 years. Her portion of the rent due me was $82/month. She never paid it for the 3 years. I did not evict her on that because the Section 8 payment was just enough to cover the expenses. She moved out in August last year and had changed the locks on me and did not leave a forwarding address. I did not return her Security Deposit and I am now receiving letters from her attorney. I know she is due the Security Deposit, but do I have a case for all the back rent due?

 

[Michael Wechsler]

Look at your lease. Unless you waived the payments, you should be able to deduct the back rent and cost of changing the locks from the security deposit. You are generally required to provide a tenant with an itemized bill for charges against the security deposit, which you did not do. Odd that she has an attorney. I don't know the details of your case but you have an understanding of what is generally done and if you let the attorney know there is no case, you probably won't hear about it again. Do note that Section 8 may have some requirements and waiving her portion of the rent is generally not permissible.