What happens if a tenant refuses to pay rent in the last month of their tenancy?

Get Legal Help Today

 Secured with SHA-256 Encryption

What happens if a tenant refuses to pay rent in the last month of their tenancy?

My tenant refused to pay rent in the last month of his tenancy. The lease says that using the deposit as last month’s rent comes with a penalty of 2x the deposit. Is him not paying rent effectively him using the deposit as last months rent? I need to pay the mortgages. Can I take him to court?

Asked on July 29, 2011 Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Usually the language of a written lease sets forth the terms and obligations between the landlord and the tenant. However, there are exceptions. Such exceptions are those prohibited by state law. The penalty of twice the deposit for using the deposit as the last month's rent may violate statue law as being an unreasonable penalty in violation of public policy.

You should contact a rael estate attorney where you live to review this provision with respect to state law in that you do not want to run afoul of it as the landlord.

I would serve your tenant with a written notice to pay or quit if you want him or her to continue with the lease if the rent has not been timely paid, or a notice of eviction if rent has not been paid and you want him or her out to safeguard your interests.

I caution against using the twice deposit penalty in your claims against the tenant.

Good luck.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption