Should I use my 1800 deposit as last months rent.?

Question

I have been an ideal tenent using direct deposit and paying a week early every month for a year. I am about to move and my landlord dosent want me to go so he offered to lower my rent, but I found a place that will save me 475.00 a month. I feel he is going to keep my deposit out of bitterness. When I first moved in he refused to to a walkthrough with me because he was really busy. The back door doesnt lock on the slider, the carpets were filthy, the oven and dishwasher didnt work(which he asked me to buy and install and take off rent). So I requested in writing to use the security deposit towards last months rent and agree to an immeadete walkthrough as well as a final and he refused. I think he is gong to use the security towards all the things I mentioned (carpet and broken slider door). So Should I just keep last months rent and tell him to keep my deposit? I am leaving house sparkling and hiring steam cleaners.

what would you do?

i wanna thank etta and everyones comments, this is my first time renting i was a home owner then relocated for work. My deposit is same as rent and I want to use it for last 1 month rent not 2. I also just talked to him and requested a walkthrough then i would pay him last month rent not due for another week. He refused and said he will only do a final walk through, I am just uneasy and I need this money. I am scarred he is trying to use the previous problems and charge me for them. So i have pictures and recipts and everything. If he were to take me to court for last month rent what would I be out?

Answer 1

Legally you cannot use your security deposit for your last 2 months rent. You must abide by the four corners of the lease contract. Hopefully you learn to insist landlord does a walkthru and take photos of the rental property at the time you move in. Send the landlord a corect forwarding address, send any correspondence by certified mail. The landlord typically has 20 days to send you a certified letter advising you of what amount of the security deposit ,if any, he is keeping and why.
Pay your rent on time, you may need a rental reference and if he refuses then your cancelled checks will prove it (FYI if you what to buy a home in the next 2 years verification of good rental history-some food for thought) Below is a website that covers both the landlord rights and your rights as a tenant
Also, just something from my experience of over 25 years, here is a way you could avoid some trouble if you did not do a initial walk thru or take pictures when moved in. You say the following items were damaged when you moved in: back door lock on slider, maybe you should see if you can find an disinterested 3rd party handyman, home inspector. Have then do a mini type inspection of the area. When he gets to the slider door part his report he should mention that the lock appears to have broken prior to the tenants move date. Also use a professional steam cleaning company and keep the reciepts, even takes photos of the inspector and stream cleaner, complete by video cam if available. I say this because it was very foolish of the landlord not to do a initial walkthru, this is a classic way landlord keep more the security deposits from the renters that typically might not have no proof to defend themselves in court
Below is the Cornell Law School landlordtenant and it is great. Hopefully it helps,Good luck

Answer 2

ok, when you did the walk through, did you keep a copy of the problems with the apt.? if you did, good, we have something to go for, did he sign the walk through, even though he wasn't
present? if yes, good. do you have the receipts of the appliances that you replaced/repaired? good. the thing here is if you fulfilled the agreement, and unless there is a clause with a notice of vacating the apt. (like a 60 day notice with intent to vacate, or whatever the lease required) you are in the clear. most rental companies will only charge for such things as cleaning of the apt., and the carpet if the lease was fulfilled, the other stuff like painting is absorbed into the cost as operations and are not charged to the resident. the bottom line is, if you have all of your ducks in a row you will not owe a dime and you may have to take this "landlord" to small claims court to get your $$$ back.

Answer 3

Tough call! if your deposit is more than the rent, than pay the rent and demand the deposit. It has to be in writing. If you have to sue, and you win, you may be able to collect triple deposit. You only have to leave the premises broom clean, cancel the steam cleaners. In court he has to prove you damaged anything, he can't if he didn't do a walk through.

Answer 4

There is no legal basis to allow you to do so. If he does not return your deposit he has to provide in writing explanation for cause. If you feel he has no cause and cannot get him to return your money, then you can take him to small claims court. The fact that you did not insist on a walk through with him, or have him sign off on pre-existing damages will probably come back to bite you in the rear.

Answer 5

If you use 'last month's rent', he can still take you to court for any unreimbursed damages. You need to document the condition of the apartment with photographs when you vacate, since he does not seem interested in doing a walk-through with you.

As far as the broken door is concerned, it's going to be his word against yours.

Answer 6

You better live out your deposit to protect yourself. Make sure you have pictures and keep your receipts.

Answer 7

use up every bit you can, he can't do much about it and you are likely to get screwed anyway. Use it up, and if he's still complaining about stuff just leave the house claen and don't worry about paying cleaners for extras, it won;t be appreciated.