DEPOSIT EMERGENCY!

[MzTigger]

I moved into an apartment with my cousin (mistake!) in December 1999. We signed an eight month lease, to end in August (now!). I found an apartment last month, and am moved in. My cousin is leaving for maryland on August 5., so neither of us will be in the apartment through the end of the month. We gave notice in June.

My question is: Can't my landlord use my deposit against the rent due for August, and remit the balance to me? I am no longer occupying the apartment, so there are no wild hairs there. I don't even CARE about the money, I just don't want to pay for something I'm not using. And plus, who really wants to pay TWO rental fees at athe same time?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MzTigger:
I moved into an apartment with my cousin (mistake!) in December 1999. We signed an eight month lease, to end in August (now!). I found an apartment last month, and am moved in. My cousin is leaving for maryland on August 5., so neither of us will be in the apartment through the end of the month. We gave notice in June.

My question is: Can't my landlord use my deposit against the rent due for August, and remit the balance to me? I am no longer occupying the apartment, so there are no wild hairs there. I don't even CARE about the money, I just don't want to pay for something I'm not using. And plus, who really wants to pay TWO rental fees at athe same time?<HR></BLOCKQUOTE>

Read your written lease that you signed. You can not use the sec deposit as payment for the last months rent. You think that you will be even but what if the place is not rented out for the month of August? If you do not pay the Aug rent, you may be liable to pay a late fee in addition to the rent due. Bad attitute to say that you don't care about the money. Do you care if there is a judgement against you for the rent due? Do you care if there is a derog on your credit report for the rent due? What if your cousin does not clean the place? Are you prepared to accept all responsibility and liability?

 

[MzTigger]

I've read the lease, and it doesn't detail anything about using my deposit against the last month's rent. Of course I care about derog credit and potential litigation (otherwise I wouldn't be here...). I have no problem cleaning the apartment, that's not an issue. My question is can I leaglly request to have my deposit used for rent? I know i couldn't have done this midstream (say, in May, I couldn't have said, "Yea, I don't have my rent this month; use my deposit!"). But since we're moving out, why can't I utilize that option?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MzTigger:
I've read the lease, and it doesn't detail anything about using my deposit against the last month's rent. Of course I care about derog credit and potential litigation (otherwise I wouldn't be here...). I have no problem cleaning the apartment, that's not an issue. My question is can I leaglly request to have my deposit used for rent? I know i couldn't have done this midstream (say, in May, I couldn't have said, "Yea, I don't have my rent this month; use my deposit!"). But since we're moving out, why can't I utilize that option?<HR></BLOCKQUOTE>

The answer is still No.

 

[MzTigger]

Why not? "No" is not the answer I was hoping for, and I certainly can't use it when I go to my rental office...
What are the legal ramifications? Would I be violating any laws?
If it's not stated in the lease, what legal action can they take?
What legal protection do I have as the renter?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MzTigger:
Why not? "No" is not the answer I was hoping for, and I certainly can't use it when I go to my rental office...
What are the legal ramifications? Would I be violating any laws?
If it's not stated in the lease, what legal action can they take?
What legal protection do I have as the renter?<HR></BLOCKQUOTE>

I know no is not the answer you were hoping for. By your own slogan, " if it's gonna hurt, I don't wanna play" hints that you are looking for an easy out on this.
The legal ramifications is that you will indeed be violating the law. Which law you say? Well it is your State Landlord Tenant Law. If a standard State preprinted written lease agreement was used ie. Board of Realtors form, there would be conditions with respect to the use and disposition of the security deposit. Maybe for some reason your written lease agreement somehow does not state that the security deposit can not be used as payment of the last months rent. If this issue is silent and not addressed in your written lease agreement, then the source and reference would be the L/T law. In the absence of certain provisions and conditions of the written lease, the State L/T law prevails. Simply put, even if it is not stated on the written the lease, it is still a condition if contained in and a part of the L/T law.

The only legal protection you have as a tenant is that which is stated in the L/T laws of your State. Please obtain a copy and read it. In the meantime, talk to a real estate attorney, L/T consumer protection office or tenants' rights association in your state. The Truth is Out There.