rental deposit as last month's rent (CA) (lease, tenant, security deposit)

[David Krekel]

Can anybody tell me if I move out a month early from my lease can I use my security deposit as rent if I've been there for 16 years?

[CSD610]

This is a renting/lease issue not an orange county issue.
After that, what are the laws in your area regarding this issue and what does your lease state?

[Electrician4you]

Originally Posted by David Krekel

Can anybody tell me if I move out a month early from my lease can I use my security deposit as rent if I've been there for 16 years?

Usually no. Because the security deposit is designated to be used to repair damages that you caused and it's used separately from the monthly rent. The LL can take you to court for owing rent if you don't pay last month FYI

[russlancea]

I agree with Electric. Don't forget to give your written move-out notice too.

[always_sunny]

Technically you are not supposed to use your security deposit for the last month's rent. You should pay the last month's rent as normal. The landlord should have access to your security deposit to cover excessive damages that may have occurred during your residency.

[reenzz]

Originally Posted by David Krekel

Can anybody tell me if I move out a month early from my lease can I use my security deposit as rent if I've been there for 16 years?

Not without written permission from the landlord. A security deposit is NOT rent.

[oregonwoodsmoke]

Originally Posted by David Krekel

Can anybody tell me if I move out a month early from my lease can I use my security deposit as rent if I've been there for 16 years?

16 years later, you might have forgotten what you paid for what. Pull out your lease and your receipts and see if you paid first and last. You can't use the security deposit, but if you paid first and last, then your last month is pre-paid.

Your landlord will have records about your deposit, so don't try to fake him out by claiming you paid first and last if you didn't. (with apologies if you would never do that. About 25% of my tenants try to claim they paid first and a last so don't have to pay last months rent. Sorry, tenant, I have records of what you paid and when)

[Lacerta]

Originally Posted by oregonwoodsmoke

16 years later, you might have forgotten what you paid for what. Pull out your lease and your receipts and see if you paid first and last. You can't use the security deposit, but if you paid first and last, then your last month is pre-paid.

Your landlord will have records about your deposit, so don't try to fake him out by claiming you paid first and last if you didn't. (with apologies if you would never do that. About 25% of my tenants try to claim they paid first and a last so don't have to pay last months rent. Sorry, tenant, I have records of what you paid and when)

Agreed, I was going to say all the same. We also have a lot of tenants who try to say they paid last month up front, but we don't charge that, so nope.

But you should check with the landlord and check your paperwork to see if you DID pay the last month up front. If so, you can use that. But if not, you can't use the deposit unless the landlord allows it in writing. Most landlords will not.

[James1202]

After 16 yrs., would that initial "first and last month's rent" cover the current last month of rent? I'd be surprised if a differential isn't due.

I may be the only landlord who remembered to ask for the differential of that pre-paid last month's rent when the rent is increased. If a security deposit is defined, in the rental agreement, as being equal to one month's rent; that, too, would be increased with a rent rate increase.

Given that security deposits are required (where I was) to be placed in a separate bank account, for just that purpose, tenants often don't realize they have interest coming (minus the allowable account maintenance fee for interest bearing accounts).

[Okey Dokie]

Originally Posted by James1202

After 16 yrs., would that initial "first and last month's rent" cover the current last month of rent? I'd be surprised if a differential isn't due.

I may be the only landlord who remembered to ask for the differential of that pre-paid last month's rent when the rent is increased. If a security deposit is defined, in the rental agreement, as being equal to one month's rent; that, too, would be increased with a rent rate increase.

Given that security deposits are required (where I was) to be placed in a separate bank account, for just that purpose, tenants often don't realize they have interest coming (minus the allowable account maintenance fee for interest bearing accounts).

If I had a tenant for 16 years, I think I'd eat the difference on the prepaid last month.