I paid my security deposit when I first moved into my apartment. Is it possible to forfeit my security deposit as my last month's rent? The reason I am doing this is that I do not trust my landlord and I do not want to have to go through some lengthy process to get my security deposit back. I am sure that law differs from one state to the next; so, if it helps, I live in New Jersey.
2006-08-31 13:30:56 · 9 answers · asked by M H 1 in Politics & Government ➔ Law & Ethics
the law is the same in every state; you can't do it........however as a practical matter is the land lord going to go thru the effort and expense when you will be gone in 30 days anyway. probably not. assuming you have done no damage and and leave the place spotless the landlord will take no action. except if you use him/her as a reference for another apartment. then the landlord can legally say you left without paying rent. which is true.....you ask a good question. my question is WHAT ARE YOU GOING TO DO?...............
2006-09-01 05:13:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I do believe that if you submit a letter of intent (30 day prior notice to move-out), that your landlord cannot start any proceedings against you until AFTER the move-out date stated in your move-out letter. All states are different & I live in California & had this happen to me once. By the time the landlord got a court date, the last months rent had already been used & we were 2 weeks into the security deposit money, which was the same sum as a month's rent. I knew the judge was going to give me at least 7 days to vacate, & it turned out that he gave me 14 days, which was the total sum of all the money I had paid to date on the property. I showed photographs & had witness statements as to the current shape of the property (better than it was at move-in), & I made it a point to do some research on the excessive amount of illegal evictions the landlord had on record & I brought this to the judges attention. The landlord DID attempt to sue me for $1,200 in court cost & damages to the property, but it was useless because the judges order said he was NOT entitled to any reimbursement unless I refused to vacate on the specified court date. My slum-lord had a lengthy history is breaking the rental laws & the building had many building code violations. Start taking photographs of anything that appears to be a violation & report the landlord. This way, I guarantee HE will think twice before going after you in a court of law. He'll be far too busy attempting to comply with the fix-it orders so that he won't have to pay the heavy fines & he'll have no time for your deposit "issues".
2006-08-31 13:50:59 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It isn't ok in California, unless it was written into the lease/rental agreement. There are laws in most states that protect the tenant also so that your security deposit is returned in a timely manner after you have vacated.
2006-08-31 13:37:18 · answer #3 · answered by knittinmama 7 · 0⤊ 0⤋
Its done a lot in Florida and Georgia. That is why Landlords are now charging a non refundable along with a refundable deposit.
2006-08-31 13:37:51 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Most places won't let you do this because if you damage the apartment in the last month they would be left with nothing.
2006-08-31 13:38:35 · answer #5 · answered by BettyBoop 5 · 0⤊ 0⤋
It is not legal. If you read your lease you will probably find a clause that says you can't do this. But, many people do it and nothing comes of it.
2006-08-31 15:27:27 · answer #6 · answered by irongrama 6 · 0⤊ 0⤋
it is okay to do that in SC where I live
2006-08-31 13:32:43 · answer #7 · answered by stormyblythe 3 · 0⤊ 0⤋
Where I live (BC), it's illegal.
2006-08-31 13:36:16 · answer #8 · answered by Jetgirly 6 · 0⤊ 0⤋
No, you can't.
2006-08-31 13:35:56 · answer #9 · answered by Anonymous · 0⤊ 0⤋