Can the landlord evict a tenant if rent is paid but the security deposit is not?

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Can the landlord evict a tenant if rent is paid but the security deposit is not?

I would like to know if a landlord and evict a tenant from a home if the full months rent is paid and they had an agreement to make payment on the security deposit, but the tenant could not pay it on time and nothing was on paper for the new arrangements? I just need to know if they can kick us out even though we paid the rent on time which is a $1,000. And it was paid on the 1st of this month but we have a balance for the security deposit which they agreed to work with us on. Now they are trying to say that we need to pay last months deposit plus this months by the 15th or move out.

Asked on July 12, 2011 under Real Estate Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are two different issues here:

1) Can a landlord evict for not paying the security deposit, even if the rent is paid? Yes. Paying the security deposit is part of the agreement--the lease--between the landlord and tenant; if the tenant does not pay it when due under the terms of the lease, the tenant has breached the lease and may be evicted.

2) Can the landlord evict if there was an agreement to allow the tenant extra time to pay the security deposit? As a matter of law, no--that agreement is enforceable, so as long as the tenant honors its terms (pays under the new arrangements), he or she cannot be evicted.

However, if there is nothing in writing memorandizing that agreement, as a practical matter, it may be very difficult to prove that the agreement existed or what its terms where. If the tenant cannot prove this, then the landlord may still be able to evict them.


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