If I evict a tennant do I get to keep their deposit?

Question

If the reason is they are not keeping the condo tidy and I'm getting complaint letters from the association such as trash bags out, p**p not picked up, yard a mess etc.

Answer 1

If you have to pay fines or spend money to repair damage that they are responsible for, then you can deduct those costs from the deposit. If you had an a clause in your rental

agreement that the losing party in any legal action concerning the tenancy is responsible for legal costs, and you win your eviction or money judgement you can deduct  those costs from the deposit . If they have unpaid rent after they vacate that can be deducted . In all cases you have to send them a statement as to where the security deposit is being applied along with either : a check for the unspent remainder , or a bill for the deficiency of funds within a specified period of time per your state's laws. You should mail this "certified return reciept requested" from the Post Office , if necessary to their old address at your rental , in case the they left a fowarding address. If it gets returned to you, hold it for evidence in case they try to sue you. You do not have to prove  to the tenants what you spent the money on, but you will have to prove it to the judge (Usually small claims court) Keep in mind most states won't allow a landlord to charge for his own personal labor in repairing the unit.

Answer 2

Depends on why they were evicted. If it's for nonpayment of rent, the natural answer is yes.

If it's for something other than that, not usually, unless there is damages.

Answer 3

It depends upon the terms of the lease; you should have specified the consequences of an eviction.  Most often, deposits are claimed by the leasor pursuant to an eviction.

Answer 4

For the reasons you are giving you would refund their deposit.

Since you can not evict without a court order you can request to keep the deposit when you are at the hearing, but you are unlikely to be awarded it as it is for damage and you are not suffering any damage to the property.

I am surprised a judge let you evict for "tidy".

Answer 5

You cannot just keep their deposit. You must deduct any damages (rent due, property damages, awarded judgment amounts, costs due per the lease) and send an accounting per your state's landlord/tenant laws.