May
21
Vacating a house 2 months before end of lease. Do I pay rent or does security deposit cover?
By
I am moving out of a leased house on May 5 with 2 months of rent remaining. My landlord says I need to pay her rent as it is due in May and June, then she will send me my security deposit because the security deposit cannot be used for last months rent. I believe that this applies to the last month that I am physically in the house (April). In California, landlords must return deposit within 21 days of vacating the apartment. My security deposit was for 2 months rent. Am I wrong to assume that we should just “settle up” after I vacate the apartment in May using the funds from the security deposit?
Since the security deposit is due to me within 21 days after I move out, are we not just “swapping” money? She has already inspected the house and found no major damages.
That’s the point I am trying to make. if she inspects the house and no damages are found, why would I give the landlord more money and wait for her to send me a check. I am paying my bills and have no additional liability to the landlord.
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10 Comments
May 24th, 2010 at 9:30 pm
You must pay the remaining months on your lease. Security Deposits are in escrow for damages the tenant might make.
May 26th, 2010 at 4:03 am
1st off, im pretty sure the landlord cant charge you more than 1 month’s rent security deposit. I am assuming the deposit is last month’s rent + a security deposit. Thus the landlord is expecting you to use part of your ‘security deposit’ for the last month’s rent. However, you still have to pay the 2nd to last month. If you don’t then the landlord can confiscate your deposit and threaten legal action.
May 28th, 2010 at 3:48 am
You’ll have to pay, the money for the deposit is used for possible damages first. Unless you’ve worked out something with your landlord. Your better off paying instead of ending up in small claims court having to pay all of it, and then all the legal costs.
May 29th, 2010 at 8:38 am
In CA the deposit can not be used for rent, it may vary in other states.
The security deposit is for property damage. She can legally evict you after you leave and it will stay on your credit report forever.
Pay your bills, she should not have to pay for your choices.
May 31st, 2010 at 4:53 am
This may change with jurisdiction, but I doubt it, so i’m going to tell you how it is where I am (australia)… I know its a long way away but our laws are often very similar…
Your rental contract binds you to pay rent for the full term of your contract. Whether you are living in the rented premises or not is irrelevant. Your rental agreement will have a clause in it saying what happens if you break the lease. It’s usually very expensive to do so…
I very much doubt that you can use your security deposit to pay your rent. The landlord needs to keep that until you’ve moved out in case they need to pay for repairs. If they agree to let you use the deposit to pay rent, they are effectively refunding the deposit before they’ve had a chance to check if damage has been done to the property. Where I am, it’s actually illegal to use the deposit to pay rent. If the landlord checks the property, finds no damage, then refunds the money, of course you can then give that money back to pay for May/June rent. But they wont let you “settle up” before they’ve checked the property, and youve handed in the keys.
I suggest you find a local neighbourhood legal service, or a tenants advice line that can give you some advice on this. If you dont know where one is, ask at a local community centre, medical centre, town hall etc. They should be able to direct you to someone who can advise you. good luck.
June 2nd, 2010 at 10:04 am
You will need to continue to pay the rent unless they rent it out right away then you only pay up till the date it is occupied.
But you will need to speak with her and see what kind of deal the two of you can come up with…
Good LucK!
June 2nd, 2010 at 8:18 pm
OK one more time big guy – you have a contract to pay some one for twelve months – it doesn’t matter if you are residing at the location – you are still financially responsible to the lessor to complete your contractual obligation. The land lord can and probably will sue you for the rental monies owed and the cost of advertising and quite frankly they are probably find a laundry list of things that you “broke” while residing at this location. Good luck and just pay what you owe or your gonna regret it for a long time – at least your credit will!!
June 5th, 2010 at 3:04 pm
If you don’t pay your rent, you will be breaking your lease. It will be on your credit history for ever. Since there is no damages, then rest assure you will be refunded your security depost once your lease is up. Make sure you leave the place clean, clean, clean.
June 6th, 2010 at 12:37 pm
Unfortunately it doesn’t work that way.
You will end up with bad credit if you do this and it will be nearly impossible to find a new place anywhere.
I often wished to see it the way you do. You can try to talk to them over and over, and maybe they can come up with something to help you out.
June 9th, 2010 at 2:59 pm
You are treating your landlord like a bank, and they aren’t. Chances are they are depending on rent to pay mortgage.
You try asking her if you can do it your way, but she is under no legal obligation to void the terms of the lease.