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This issue came up with me today.
I rent my home to a woman - she sublets a room to her friend.
Let me just say that rent is $375 + utilities for a 3 bedroom house.
The friend emails me today that her last month is April and can she use the deposit for her rent.
I told her to take it up with the leaseholder because that's who has to come up with the money, not me. According to my lease the person on the lease is responsible.
What are renters supposed to do regarding the last month of a lease assuming the landlord is given 30 days notice. Do most renters use the security deposit as the last month? What happens when a renter is paying for two places at once? Wondering what the consensus is. I live in Westchester County, by the way. Thanks.
Read your rental agreement. It will usually say how the security deposit is used. My rental agreement states that the security deposit cannot be used as rent at any time (this includes the last month's rent). If I do a walk thru the day they move out and there is significant damage, the security deposit is there to cover the cost... hard to do if a portion (or all of it) is used for rent...
I would never agree to use the security deposit for the last month's rent, because then how are you going to recover anything for damages if they leave the place a mess? Nope, you gotta pay me my last month's rent, and if you leave the place in good condition, then you will easily get your deposit back.
Pay the last month's rent. Send a letter NOW (keep a photocopy and the mail receipt) via registered mail reminding the landlord that she must return your deposit (less deductions for cleaning/damages) with an itemized list of deductions within XX number of days (In California, it's 21 days). Include your new address so she can't say she didn't know where to send it.
If she fails to return your deposit with a FULL ACCOUNTING (Recipts from the cleaning service, new carpet, etc.) in the allotted time, then hit her up for the state's maximum damages. In California, if the deposit doesn't come in 21 days, you are entitled to the full deposit, no matter the damages. If they still refuse to send your full deposit, then they are liable for triple the amount of the deposit. The law cuts both ways, use it!
These posters are right in telling you to get it in writing. Hopefully, since you signed a lease almost a year ago you already have it in writing.
You should write her a letter (return receipt) and specify the date you will be out and set up a time that is convenient for both of you to meet on the premises so she can inspect for damages and you can return the keys. If you've already told her the date, then send the letter to set up the meeting for the exchange of the keys and to settle the security deposit issue. Have her meet you at the property to inspect for cleanliness and damages (take a camera with you), and if the property is acceptable she should pay your security deposit and you give the keys back. If she says it isn't then take a picture of the problem area/areas and tell her you want an estimate of the costs.
If there was any damage in the property when you took possession originally that should of been listed and attached with the lease.
If this person is untrustworthy, hopefully being armed with a camera will put her on alert that you intend to get what is rightfully yours.
I wouldn't want my tenant to use the security for the last month, then I'm sol, but I would meet them and give it back if the property is fine.
I have an idiot renter who is intheir last month with us. Although I have very plainly told
them they can't use the deposit as rent they insist on it being so. Today I am posting the
required 3 day notice to begin the legal proceedings.It's a shame because the wife's
father is the one who stepped up to sign the lease for this young couple so that's who
I'm having to go after. ( he has no idea...he is in England)
Heres a web site that lets you post about getting riped off, renters and landlords,Ripoff Report: By Consumers, For Consumers (http://www.ripoffreport.com/default.asp - broken link)
What are renters supposed to do regarding the last month of a lease assuming the landlord is given 30 days notice. Do most renters use the security deposit as the last month? What happens when a renter is paying for two places at once? Wondering what the consensus is. I live in Westchester County, by the way. Thanks.
A security deposit is not last months rent. Some landlords charge a forst, last and security deposit and in that case, your last months rent is included so you do not have to pay last month rent however, you do not get to use security deposit as rent at all, ever unless landlord is foolish and agrees.
The deposit is to ensure any damages beyond normal wear and tear will be covered (hopefully0 though some tneants end up owingmore than the deposit when they vacate due to trashing the place.
Well your are technically not supposed to use your security deposit to pay your last month's rent, but I always do. I pretty much anticipate that alot of landlords are going to try and get away with keeping the security deposit by citing things wrong that are fallacious at best. I figure by having them take the last month's rent out of it I am mitigating my damage & since I know that I am leaving the apartment in good repair, their only reason to take the rest of the money would be if they are acting unethically. If they send me the rest of the money then it really was no loss for them either.
Last edited by b75; 03-05-2008 at 06:43 PM..
Reason: left out a word
Well your are technically not supposed to use your security deposit to pay your last month's rent, but I always do.
If you did it as my tenant, you'd have an eviction notice by the 8th, and you'd be in JP Court within 10 days with the Judge explaining why he just issued a judgment for triple your rent amount plus unpaid rent. You'd leave court sullen, felling like a victim, but you would have created your own circumstance. Not only that, you'd have 5 days to move out or we re-file with the Constable and come set your stuff on the curb. All of this would happen before the end of the month. We don't mess around and we don't listed to stories or apologies or begging forgiveness.
This would furthermore result in a civil judgment on your credit report if you didn't pay your jugment and rents due. You'd have an unusable rental reference, so you'll need to lie on your next rental application. Then you'd get to run from my collection company for the next 5 to 7 years.
All downside, no upside. Explain again why it's a smart idea to break the law and try to use deposit as last month's rent. Wouldn't it be smarter to keep the agreements you made?
Steve
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