last months rent? (apartment, landlord, live)

[finsfan88]

Hi all,

I am moving out of my apartment as of the 1st of November. I emailed my landlord, who lives in canada, on the 2nd of this month to advise him that 1) I am moving and 2) to inquire if he would be willing to use my deposit towards last months rent.

He wrote me back yesterday (oct 4) saying 'I'm sorry to see you go but am glad that you are having good fortune in life, and sure the deposit can be used toward last months rent.'

Now he wrote me an email this morning (October 5th, which happens to be the date at which he can start charging late fees on the rent) demanding last months rent and stating that I'm in breach of contract for not notifying him 30 days prior to moving (the 2nd to the 1st is 30 days) and that he is going to be showing the apartment in which my breast feeding wife resides starting today.

This smells like a con job to me and if I were a betting man I would guess that if I give him that rent I won't see my security deposit back especially since he runs it like a slum lord and ive had to personally fix things as a result of rain damage because he wouldnt and if he wants to play games I'm willing to play games.

My question is: if I don't pay last months rent what reprocussions are there if any.

[chopchop0]

Security deposit is never supposed to be used as last months rent. Otherwise, the landlord has no protection if you trash the place or steal something. I'm surprised he even agreed.

If he takes your deposit unfairly, take him to small claims court, but legally he is correct to not allow you to use the deposit as rent

[Nypafl4u]

Never offer to pay last months rent with security deposit. As mentioned above, it leaves the landlord with little power to collect if there is damage. Pay the rent immediately. Then ask for the security back.