If my tenant refuses to pay late penalties, HOA penalties and bank penalties, is it legal to take it off from the security deposit?

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If my tenant refuses to pay late penalties, HOA penalties and bank penalties, is it legal to take it off from the security deposit?

Asked on July 18, 2012 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

IF those charges are called "rent" or "additional" rent in a written lease, you can do this at move out, if the charges are not paid  by then--when a tenancy ends, a landlord may take unpaid rent out of a security deposit. If they are not called rent or additional rent, however, you may not.

Note also that if this is subsidized housing (e.g. the tenant gets a Section 8 voucher) then I do not believe you can take these items out of the security deposit, under the rules govering subsidized housing.


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