Q: landlord threaten to sue for past rent but has security deposit that’ll cover it.
A: The security deposit is to insure the rental is returned to the landlord in the shape you received it at the start of the lease with normal wear and tear excepted.The rental amount is a separate issue. The landlord may state that you left the rental in poor shape requiring them to use that deposit to put the rental back into a condition that would allow them to re-let the unit. You should always take pictures of the unit when you move out to insure that if the landlord files litigation against you later over the rent or security deposit, you will have the evidence to show in Court that the rental unit was in good condition when you vacated the premises. In your present situation, there are not enough facts concerning the condition of the property when you vacated as to whether you would be entitled to a set off against the rent you owe for staying over into the next month for which you would owe that months rental amount.
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