When you give a 30 day notice for example of the 27th, on the 1st do you still have rent due? Is it fair for the tennant to ask that the security deposit be used as rent?
2007-09-27 13:13:15 · 9 answers · asked by sunshine 3 in Business & Finance ➔ Renting & Real Estate
Yes rent is still due. They are still living in the apartment for the month. Did the tennant pay first and last month's rent when they moved in along with the security deposit?
It is up to the landlord if they will accept the security deposit as rent payment but if I were the landlord and the deposit was for the amt of a month's rent I would accept it because why would I want to get a check from the tennant and then have to pay them back their deposit?
The only way I would feel different is if the deposit needs to be put towards repairs that need to be done before the unit can be re-rented. Maybe it is a good idea to require rent and then repay the security. You don't know what the unit will look like after the tennant leave and you don't want to get stuck with paying for repairs that weren't needed before they moved in!!!!!
2007-09-27 13:20:11 · answer #1 · answered by shamilton04260 2 · 1⤊ 0⤋
Technically no. Since security deposit is used to clean the house and fix any thing needing fixing. So if the tenant uses the security as rent. How will the landlord get the money for the cleaning.
That being said, the devil is in the details and in this case the detail being the lease agreement. Savvy landlords make sure the language in the lease clearly states that rent and deposit are not exchangeable.
cheers
2007-09-27 20:20:22 · answer #2 · answered by El Griton 4 · 0⤊ 0⤋
It may depend on the state you live in but:
- If you give a 30 day notice on the 27th, the tenant should vacate by the 26th of the next month. They owe 26 days - the first to the 26th.
- You should never allow security to be used as rent. What happens if you need it to cover non-normal wear and tear incidences? That's why it's called security rather than 'last month' when it's collected. In some states/cities you can do both.
2007-09-27 20:26:39 · answer #3 · answered by Asia S 1 · 0⤊ 1⤋
The security deposit is NOT rent and will not be used for rent UNLESS the rent is not paid. The security deposit is to repair the property AFTER it is vacated by the tenant.
2007-09-27 20:18:13 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No, it is against the law to use the security deposit for the last month's rent. That is only used for damages, unpaid rent, etc.
2007-09-28 08:54:11 · answer #5 · answered by brandyrhi 2 · 0⤊ 0⤋
No, the security deposit isn't used for the last month's rent - it's for fixing any damages you leave when you move out.
2007-09-27 20:16:39 · answer #6 · answered by Judy 7 · 1⤊ 0⤋
Absolutely not! I have had several tennants try that tactic,then when they move out they have damaged my property or have not cleaned the rental propert well enough.Leaving me trips to the dump ,cleaning and sometimes damage.Our damage deposit is to insure we do not have these kinds of expenses to bare and very often we don't know the condition of the propert until tennants have vacated.
2007-09-27 21:07:29 · answer #7 · answered by wecair2 2 · 0⤊ 0⤋
no the security deposit can't count as rent because the deposit is meant to pay for damages caused by you after you leave.
2007-09-27 20:20:42 · answer #8 · answered by Sarita 3 · 0⤊ 0⤋
Unless you paid first and last when you rented ,
You owe for the last month .
Security is NOT rent .
A lot of people do try to use it for rent because landlords can rake you for damages ,
But they will still take you to court anyway , sooooo
>
2007-09-27 20:19:13 · answer #9 · answered by kate 7 · 0⤊ 0⤋
Np the security deposit is in the event that the renters damaged thing in the apartment, and that is there to cover those things
2007-09-27 20:20:53 · answer #10 · answered by Pengy 7 · 0⤊ 0⤋