Should I left the deposit as payment to my landlord?

Question

My current contract expires in about 2 months and I am planning to move to another apartment, since I have always had problems to recover the deposit from previous landlords (not because they withhold anything, but because it took many calls from me and time requesting the money back, I am planning to tell my current landlord to take into account the deposit as my last month of rent, is that fine?

My current contract expires in about 2 months and I am planning to move to another apartment, since I have always had problems to recover the deposit from previous landlords (not because they withhold anything, but because it took many calls from me and time requesting the money back, I am planning to tell my current landlord to take into account the deposit as my last month of rent, is that fine?. I live in Miami, FL

Answer 1

Keep the key until he gives you back the deposit. Invite him in, let him check out the apt the last day you are there, make sure everything is the same way it was when you moved in and have him give you the money then after he agrees the place is ok. Safety deposit is your money and u can take him to court for it. But it should be in the lease agreement.

Answer 2

Bostonian is correct. However it is unlikey that the landlord will bother to evict just because of this tactic. It would be pointless because all he really wnats is to get his apartment rented, not lose rent and save costs. if you assure him it will be clean etc, he will probably not bother. it costs money to sue and he will then get a judgment that is hard to collect.
It is wrong but many people do this all the time and get away with it. Unfortunately landlords also wrongly keep deposits or stall returning them so that is why this tenant tactic has evolved over the years.
By the way Florida does NOT require the deposit to be in interest bearing acct. It must be in a trust acount but not interest. Many landlords cheat on this and do not put it into a trust account so it is possible he does not want this fact to be investigated. This gives you leverage if he is one that has spent the money or mixed it with his own. He will NOT want to go to court.
Go ahead and do it to protect yourself but also strictly honor the obligation to leave the apartment on time and as clean as you got it. Also cooperate with the landlord so that he can show the apartment to new prospects and do not say bad things about the apartment or the situation to the prospects.
Tell the landlord you do not have enough money to pay his rent and the rent and deposit on a new apartment so you must do this to move. He (or she) will be angry but probably will reluctantly acquiese. Be pleasant about it and do not tell him until the last minute. Be sure to give him a written notice 30 days before you intend to move out. send it to him certified mail with return receipt requested. Tell him you are sorry but must do it this way. Do Not him 60 days notice or he may use it to harras you etc.
If you are REALLY concerned about this landlord and his integrity, you may find something uninhabitable about the apartment (a broken light switch or slow toilet whatever) then file a formal complaint with the local health department or whatever. This will prevent him from filing an eviction because you can say he filed it only as retaliation for the complaint and for no good reason. ( there is always something worng health wise and code wise if you look hard. maybe no screens so you are getting mosquito bit. maybe mice or cockroaches) be sure to do this BEFORE you tell him you are leaving. This is an extreme tactic but sometimes necessary with mean landlords who cheat.

Answer 3

For many years, when I rented I always used to pay my last month's rent and then my deposit would be returned without any problems.

Then came the time when I got a landlord who tried to screw me out of my deposit. I left the place absolutely spotless and he tried to make me pay for damages that weren't mine. For example, he had hired a company to remove a tree from the backyard. They hit the side of the building with their equipment and damaged the siding. He tried to say since it happened while I was living there, it was my responsibility. I had to take him to court to get my deposit back.

Now I don't care what the lease says or how indignant anyone gets about it. I use my deposit for my last months rent. As a practical matter, in 99.9% of the country they can't file in court and get you out before your last month is up anyway. And if you have been a good tenant, a lot of landlords will just say "ok" when you tell them that you are doing this.

Answer 4

NO, that's not fine. The deposit is for damages and will be refunded if none exist. The landlord cannot assess that until after you move out, which means for a month he has to sit on the money and not actually "use" the supposed rent money.

If he agrees, get it in writing. Otherwise you have to payup.

And FYI, each state has a time limit on how long they can hold yoru deposit....so make sure you know that.

Answer 5

That depends what is in your lease or what the rules are by the Landlord and Tennancy act in your area. If you leave the apartment clean and no damage then call the apartment landlord and see if they can apply the deposit to your last months rent and inspect your apartment before the rent is due. That way they cannot try to sue you later for damages and you should be present at the inspection.

Answer 6

when we moved we explained to the landlord we were not paying the last months rent and to keep the security deposit. We paid on time and get the place immaculate. Since he knew that he told us that would be ok. Just ask and see what happens

Answer 7

That's too bad that your previous landlords have done that to you. Especially since it has left you with an attitude that it's OK to cheat your current landlord out of money that is legally owed him. And placing yourself at a legal disadvantage!

Put the shoe on the other foot. Some landlords have been cheated by previous tenants. They don't know you, and you've done nothing wrong to them. They decide to steal from you, because of the way previous tenants have treated them. Is that fair?

Bostonian is correct. Do what he says on rental matters.

Answer 8

No, it is NOT fine. You can (and should be) evicted for non-payment of rent if you pull that stunt! Evictions for non-payment are usually fast-tracked and you could be on the street in as little as 2 weeks in many jurisdictions.

Unless your lease specifically states that you may apply the deposit to the last month's rent, you MUST pay the last month ON TIME to avoid eviction proceedings.

Most likely your lease states that you may NOT apply the security deposit as rent at any time during the tenancy and probably specifically mentions the last month in particular. Every lease I ever offered had that language in it.

Answer 9

technically, no. The landlord has the right to demand the final month's rent.

Answer 10

It all depends on the landlord tenent laws where you live.

This is an INTERNATIONAL FORUM, so you should mention where you live so someone from where you live can give you an accurate answer.