Q: If a leasing contract expires in September, do the stated rules still apply in October?

A: You may not use the security deposit for rent. The purpose of the security deposit is to protect the landlord from any damages to the property, and in case you are behind on rent. If you do not pay on time, you may be given a 3 day notice, after which an unlawful detainer (eviction) action may be filed against you.

A: Even though your lease technically expires at the end of September, certain provisions of your contract may still carry over if you remain in the property without a new agreement in place. In California, if you stay beyond the lease term, you may enter a month-to-month tenancy by default, under which many of the original lease terms—including rules about the security deposit—can still apply. This would mean that the provision prohibiting the use of your security deposit for rent might still be enforceable.

The landlord is within her rights to refuse using the security deposit for rent, as it is typically meant to cover any potential damages or unpaid rent after you move out, not during your tenancy. Additionally, California law also generally prohibits using the security deposit to cover rent while still living in the property unless the landlord specifically agrees otherwise.

To avoid confusion or disputes, it's important to communicate clearly with your landlady about your move-out plans and seek clarity on what happens after the lease expires. You may want to consider negotiating directly for a temporary arrangement in writing for October if possible.