Can Sec Deposit Go towards Judgment Bal

[funder]

Landlord with money judgment and eviction date (yesterday) in amount of $2,000 which includes rent and late charges. Renter has been in and out taking stuff when no one is around (live in same house). I assume her stuff is gone and she told me she left keys. I'm waiting a couple of days past the vacate date to cover myself. She has not left forwarding address.

Question: Can I use the $550 deposit towards her $2,000 debt to me? I'm almost positive I'll not get a forwarding address from her. If the answer is yes, must I try sending a letter saying I've deducted the security deposit from the balance of the judgment? I also am not quite sure of the condition of the apartment. She claims in a note she left in my mailbox to have "cleaned" the apartment. Live upstairs from her apt and there is a stench coming from below. Thank you.
Funder

 

[treese]

What is the name of your state?

You need to see if there are any damages to the apartment. Since $550.00 does not go too far and you already have a judgment for the unpaid rent & late fees, worry about repairing any damage and getting rid of that stench first.

Generally, a landlord can deduct unpaid rent from the deposit, but you will have to double check your states laws regarding security deposits.

You have to send an accounting of the security deposit within the amount of time required by your state's laws.

If you do not get a forwarding address fromt the tenant, send the accounting via Certified Mail (Return Receipt Requested) to the rental address.

It will either get forwarded to the tenant or returned to you. If it gets returned to you, keep it unopened.

 

[funder]

State is Michigan. Thank you.

 

[Happy Trails]

Yes, you can.

http://www.rentlaw.com/dep/michigandeposit.htm

 

[Alaska landlord]

Of course you can. Thats what the SD is for.