Q: Can my last month's rent deposit be kept for damages if I pay first, last, and security deposit?
He wants me to do the work for free in order to receive my last month deposit and my security deposit. I totally understand about the security deposit being held over my head, but not my last months deposit when we leave on agreed upon date. especially when in his own rental agreement states that last month's rent deposit cannot be held for any damages but yet he insist he is not doing nothing illegal and he is Stern on not giving me my money until I repair all the damages I don't feel like I have to do it
A: You simply should not pay your last month's rent if it was already paid at move in. If you have somehow paid it a second time, you are entitled to a refund within 31 days of restoring possession to the landlord, so be sure he has an address of where to send it to you after you move out (and keep proof you gave him the address). As for damages, the landlord can charge you reasonable amounts to repair damages you caused. He can deduct those charges from your security deposit and, if the damages exceed the deposit, bill you for the excessive amounts. He must send you a written accounting (not email or text) within 31 days of why he is keeping any/all of your security deposit (or send a refund). If he fails to do either or both, you are likely owed twice the amount not refunded or accounted for within the timeframe. Problems? Review it with a landlord-tenant attorney.
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