May a landlord use a security check when the amount is higher than the debt
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Question
Shalom,
A landlord removed a tenant from the apartment at the end of the rental period, and out of anger the tenant does not want to pay a debt that remained from the rental period. May the landlord use the security check that he is holding, even though the amount of the check is higher than the debt?
Answer
Shalom u-vracha,
He may do so, and he must return the surplus above the debt.
Source
Siman 4: “Avid inish dina lenafsheih” (a person may execute judgment for himself), even in a case where he suffers no loss.
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