What to do if I have a tenant that has unpaid late fee’s from last year?

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What to do if I have a tenant that has unpaid late fee’s from last year?

I gave him notifications and threatened to take him to court but I havent followed through. I wanted to know if I could still collect on these fee’s or deduct from the security deposit after he leaves the home?

Asked on December 6, 2012 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, you should be able to take those fees about of his security deposit, IF they were called "additional rent" in a written lease (only rent and additional rent--as well as the cost to repair damage to the rental unit--can be taken out of a security deposit). Alternately, you could sue him, including in small claims court, to recover the money--you could do that even if they were not called "additional rent."


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