What can my landlord do if use my security deposit for last months rent?

Question

I am leaving my apartment in about 10 days, and I recieved a text message from my landlord asking if i am going to put augusts rent in the box. I told him to use my security deposit because I have no money as I already put a deposit on another place.

The history with the LL is that I fell and injured myself on his deck - required surgery and i am still going to physical therapy for rehab. He doesnt maintain the property at all, he only comes around when the checks are to be picked up. Asked him several times to come and fix things and he never does.

Although these are not the direct reasons i am not paying this months rent, but instead using my security deposit, what else can I do? I have no money to give him.

I am also sueing my landlord for negligance etc. I told him I was doing that about 3 weeks ago, but my lawyer is still working on getting the paperword done, so i think my LL thought i was bluffing.

Well I dont get paid for another 10 days, so I cant pay anything until then. I have asked him if I can pay him the rent when I get paid, the day that I move out. He can then do a walk through of the place and return my deposit. I have been a paying tenant of the property for 2 yrs. He sent me a text message a week ago asking if i was going to resign the lease, told him no.

Answer 1

Your LL can start eviction proceedings against you. He or she can (and probably will) sue you in Small Claims Court for the rent if you are out before the eviction goes through.

Unless you have an explicit agreement with the LL that allows you to use the deposit as the last month's rent you cannot legally do that. The purpose of the deposit is to protect the LL against damage to the unit, not to guarantee payment of the rent.

The other "facts" you mentioned are irrelevant to your obligation to pay the rent when due.

Addendum: Since you already have an attorney on retainer you should be asking him or her this question. They'll likely tell you the same thing, though: You have to pay your rent.

Answer 2

#1. Your last month rent and security deposit are not the same and don't expect your LL to accept sec. dep. in place of last month's rent.
#2. If you can't afford it, get a job or borrow it. Why would you think you should get a free month of rent?
#3. You say you fell on HIS deck. Did you just fall or was the deck so bad and broken that it caused your injury?
#4. Paying your rent is your responsibility. Why is there a question here?

Answer 3

the landlord can move for an eviction for non-payment of rent which if successful will show up on your record

i would suggest taking many pictures of the condition of the place when you moved out

Answer 4

Start looking for another place to live.