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matzldy | Can I use my deposit as my last month's rent? |
Our lease is up end of the month. We have bought a home and will be moving in throughout next month. Can I use my deposit as my last month's rent? What are my rights, and what can a landlord do? |
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Craig T
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The answer is in your very own words DEPOSIT is not a synonym for RENT. The security deposit is just that security that you will leave the place in the same condition as you when you rented it.
I can't speak for all landlords but I can tell you that my leases SPECIFICALLY state that the deposit CAN NOT be used as last months rent.
What are your rights? None, you have no right to use your deposit as your last months rent because it isn't rent
What can the landlord do? May sound funny since you are leaving at the end of the month but he can start eviction proceedings. You say "So what" well the what is that you have a contract to pay the rent for each and every month and you didn't pay the rent, so the landlord has the legal ground to take you to court, get a judgment and then take that judgment and file a lien against the home you just bought. Then if you ever want to refinance or sell the house, you will have to pay off that judgement which won't be for just the amount of the last month's rent but will include all the fees (filing and service), court costs, his attorney fees and likely interest on the unpaid judgement. |
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DefiantRican
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No. Most landlords and management companies will want a last months payment and then they will go through the property once you have vacated and whatever damage has been done, will be subtracted from your deposit amount and then returned to you. |
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stevexnelson
 |
No, you cannot do this. The landlord could wreck your credit and go after you for the difference.
Good luck. |
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msmarvel123
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Depends. sometimes you have to pay first and last month's rent up front. Why don't you contact them and see. It seems silly for you to pay your rent, then for them to refund your deposit.
Then again, they may want your last month in addition to the deposit in case there is any damage to the apartment. If you use the deposit as last month rent, and there is damage, the landlord won't have any of your money to cover it and will try and get it from you anyway.
They may agree to it if you agree to pay for any damages, if any are found. |
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Tori K
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If you have a good relationship with your landlord, it is actually not a nice thing to do.
The practice of not paying the last rent has gotten popular in the city, especially when renters doubt that their landlord would fairly reimburse the deposit. Sometimes the return of the deposit is depending on the condition of the apartment after you move out. Deductions for repair can be made.
If the rent is not paid, the landlord has the right to evict a renter after some months. But by then you will be gone anyway.
Your landlord is required to put the deposit money on an account and pay you the taxable interest annually. Check if he has done this in the past, he actually might owe you money! When you leave without claiming your deposit you will also lose the interest. |
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alatoruk
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no its illegal for the landlord to use it, because it is a damage deposit.
also because you pay a month in advance he will be out of pocket for that month, then you might trash the place. |
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Another Nickname
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I'm thinking most landlords won't do this - because what if after you move out, they find a ton of damage?
You'll really just have to ask the landlord though. |
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bunchkin
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Well if your deposit is the same $$ as your last months rent...
And you left the place as it was when you first got there...
Then they would end up giving you your deposit back....and you would hand it right back to them as rent.
So you can do that....BUT I would suggest paying last months rent, and getting that deposit back.
I think f you force them to use the deposit as rent.....then they can give you bad credit.
so you can do that if u want yes....you can.
but you'll get bad credit. |
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Trouble
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No, you can't. You have the right to pay your rent per your lease.
Most states do not allow the tenant to use the security deposit for rent. If the landlord agrees to do so, then you have no problem but the landlord has every right to refuse.
The landlord can serve you with a Notice to Quit due to non-payment per your state' laws and begin the eviction process.
If you have a written lease that has an attorney/legal fee clause, your breach would leave you liable for the landlord's attorney/legal fees and court costs on top of the rent owed.
If the landlord sues you and gets a judgment, wages or bank accounts can be garnished or a lien can be placed against your new house. |
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aeidensmommy
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Sure! I've done it before. It will also keep them from taking as much from you for cleaning etc. If their is a legit problem, they will send you a bill! |
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Jack E
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Yes, as long as the rental is in the same condition or better than when you first rented it. And any changes were approved by the landlord. |
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doitnow
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tes if u wish to must leave the place in good order and claen all carpets as you found them that comes out of the bond as well so if u leave the house as you found it y not cut it out . |
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