The tenant has rec'd notice to vacate premises in August, and said that they will move out. However, he has refused to pay last month's rent (July). He has been told that the security deposit is not rent. It will be used to offset any damages, if any, to the property as stated in the contract and reiterated in the termination letter. My problem is I did not ask for the difference to bring the security deposit up to date when the rent was increased previously. Therefore the security deposit is less than the current rent. I informed the tenant to refer to his agreement which clearly states that the security deposit is not rent and that if I were to use as rent for the last month, he would still owe the difference between the current rent and that which he paid when he moved into the unit. Is it appropriate under MA Law to send a letter to the tenant stating that I will inform the appropriate authorities that they vacate the premises owing rent which will result in a court hearing, or is there another method that could be more effective? Thanks
Submitted by Hopefull on Sat, 07/18/2009 - 16:31
Editor's Response
I would serve the tenant with a 14 day notice to quit for non-payment of rent, ASAP. Do it to protect yourself and to make sure you get all the money that the tenant owes. If the tenant still refuses to pay the rent, go forward with the eviction based on non-payment. With particularly difficult tenants, you may want to find a MA attorney with experience at Housing Court. Good luck.
Tenant not paying Last Month's Rent
Editor, thanks for your quick response. I have followed your suggestion and composed a 14 day notice requesting that the tenant quit for non-payment of rent, which will be mailed tomorrow to the Sheriff's office for delivery.
The tenant is expected to vacate the premises no later than August 17. In case the tenant is adamant about not paying the last month's rent, could I still pursue the last month's rent, even though I don't think there would be much time left to start an eviction process.
Again, thank you.
Editor's Response
Of course. You will get a judgment for whatever amount your tenant owes, above and beyond the security deposit. It may be difficult to collect because it is sometimes difficult to locate tenants after they move out. More importantly, you will get an order granting you possession of the unit and be able to reclaim the unit (with the constable's help) if the tenant does not move out when he said he would. Sometimes, tenants say they will move out on a given date, but then attempt to stay a few extra weeks. Good luck.