Q: Can a landlord refuse to use my security deposit for the last month's rent?
I have already given notice to my landlord that I am moving out, and I requested to use my security deposit for the last month's rent. However, my landlord refused, stating it goes against policy. Is my landlord required to use the security deposit for the last month's rent, or can they demand that I pay separately?
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A:
In most states, a landlord is not required to allow the use of your security deposit for the last month's rent unless your lease specifically permits it. The security deposit is intended to cover damages or unpaid rent beyond what’s already due, not automatically as a substitute for rent.
If your lease doesn’t have a clause allowing you to use the deposit for rent, your landlord is within their rights to refuse. You would typically need to pay the last month’s rent separately, as agreed upon in your lease.
However, after you move out, if there’s no damage or outstanding rent, your landlord is obligated to return your security deposit within a certain time frame. Be sure to review your lease and any local laws to fully understand your rights in this situation. If you feel the refusal is unfair, consider discussing it with the landlord or seeking legal advice.
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