According to the lease agreement, tenant can not use the deposit as the last month rent. If tenant insists on not paying for the last month rent and ask the landlord to deduct the last month rent from the deposit, you will need to start the eviction process.

Depending on the amount of deposit and level of damage to the property, on the worst scenario, you will probably need all the deposit to fix the damages. If you allow tenant to use the deposit for the last month rent, you may end up suing tenant for the damage in small claim court. So if your tenant does not pay the last month rent, you will need to do the followings:

I: Serve 3-Day Notice to Pay or Quit notice

Fill out the form (click here for the form)
This will serve as a legal communication that the tenant need to pay you rent for the last month and can not live in your house for free. On the bottom of the form, pick option 3 Post and mail. Post one notice on the front door and send a copy to the tenant in the mail.

II: Wait For 3 Days To See If The Check Arrives

III: Start The Eviction Process
If you did not receive the check on the 3rd day, you can report tenant's late payment history to the credit bureau reports and start the eviction process.

To start the eviction process, contact any eviction lawyer or Express Eviction

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