stuck him with a month to month rent after that. anyway so he found a new apartment and has given the one month notice but he is not sure if he can get any of his security deposit back because he is due to pay rent on say the 9th (which he hasnt) and he doesnt think the new apartment will be ready until the 17th because it is being painted and stuff. so that will mean he will have lived about 1week and 1 day into his security deposit. so can he ask his landlord to refund the rest of it back or he has to accet that he lived into the deposit and landlords either return the full amount or nothing at all. hope this question makes sense. my little cousin is here right now and is worried about letting the money go or asking for it. thanks
2007-09-10 10:33:11 · 5 answers · asked by Anonymous in Business & Finance ➔ Personal Finance
1. EVERY lease automatically becomes a month to month rental when is expires unless a new lease is signed or the tenant has given proper notice ans vacated the property.
2. Because he stayed past the time for which he paid rent, your cousin does owe rent for at least the time he is actually in the apartment. Depending on local laws, he may owe for the full month.
3. The security deposit can be applied toward anything your cousin owes the landlord when he leaves. That includes any damages to the apartment and any unpaid rent. If the deposit is more than what is actually owed, the difference must be refunded. It is NOT an 'all or nothing' issue.
2007-09-10 11:50:28 · answer #1 · answered by STEVEN F 7 · 1⤊ 0⤋
First, what does the original agreement state for this situation? If it says nothing, check your local (state / city) tenancy laws. I suspect that the most likely case is that the renter is (1) late on the rent; (2) not yet subject to eviction; (3) entitled to a refund of money after normal deductions for unpaid rent and charges for repair & cleaning. Does the contract specify that a partial month's rent gets pro-rated? If not, he may be liable for the entire month's rent.
Read the applicable documents, and then write the landlord for a refund of any money still due.
2007-09-10 17:44:51 · answer #2 · answered by norcekri 7 · 1⤊ 1⤋
If your cousin is old enough to rent an apartment, he's old enough to ask the landlord for his deposit back. Time to be a man.
2007-09-10 17:38:35 · answer #3 · answered by smartypants909 7 · 0⤊ 1⤋
A security deposit can not be used as part of the rents due.
When is he going to grow up and be a man?
2007-09-10 17:43:07 · answer #4 · answered by Anonymous · 1⤊ 1⤋
is doesn't hurt to ask and if he can't get his money back just stay till the end of the month p.s. my weekend was straight
2007-09-10 21:31:25 · answer #5 · answered by dt 3 · 0⤊ 0⤋