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Your landlord is entitled to deduct any unpaid rent from your deposit. If you owe more than the value of your deposit your landlord may take court action to get the extra money back. You may decide to withhold the last month's rent in case the landlord refuses to return the deposit. This is not advisable.
If you are having problems paying the rent contact your local Housing NSW. They may be able to help you. You can also seek help from a financial counsellor to plan a budget to manage your financial situation.
By failing to pay their rent, your tenant has broken the terms of their tenancy agreement, meaning you can serve them a Section 8 notice at any point in the tenancy. Your tenant may dispute the eviction, so you need to be ready with evidence of unpaid rent and your efforts to resolve the issue.
Most residential leases and rental agreements in Massachusetts require a security deposit. This is a dollar amount, usually one month's rent, that's intended to cover damage to the premises beyond normal wear and tear, and to cushion the financial blow if a tenant skips out early on the lease without paying.
Under normal circumstances, when tenants don't pay rent, landlords have the option of terminating the tenancy (by serving the tenant with either a pay rent or quit notice or an unconditional quit notice, depending on the applicable laws).
Massachusetts law allows landlords or property managers to use the security deposit to cover: Unpaid rent. The cost of fixing damages to the property that were not present before move in. Unpaid tax increases, if part of the original lease agreement.
A security deposit is the property of the tenant unless a landlord is authorized to use it. Therefore, a landlord must keep a tenant's security deposit in a separate, interest-bearing bank account in Massachusetts.The name and location of the bank where the deposit is. The amount of the deposit.
Grace period: There is a rental grace period of 30 days (MGL c. 186 § 15B(1)(c)). Late fees: Charging a late fee is allowed, but not required (MGL c. 186 A§ 15B(1)(c)).
1) Stay calm and respectful. While dealing with these cases can be extremely stressful, it's important to approach the situation as calmly as possible. 2) Have an in-person meeting with your tenant. 3) Act quickly. 4) Keep proper documentation. 5) Do not accept partial payments if you plan to evict.