security deposit

[jamesb]

Over the past few years my son had to move from one state to another because of employment relocations. In neither of these moves did the landlords return his security deposits. They simply ignored his followup requests without furnishing any rational. Now he is coming to the end of another lease and he will be purchasing a home in the same state. Because of the unhappy past experiences with landlords he now feels he has a way to beat the system. He intends to withhold the final months rent and notify the landlord in writing that he should keep the security deposit for the final months rent. First question is there any way he could recover the security deposit from the previous landlords? Second: what kind of jeopardy is he placing himself in with the proposed action with the last landlord?

 

[LL]

In most states, he does not have the right to direct the landlord to use the security deposit for rent. He will be in default of the payment of rent for the last month, and the landlord can begin eviction proceedings. Even if he leaves before he is evicted, the eviction filing stays on his record. It can make it very difficult for him to rent another apartment, and it can influence his credit record to the extent that he may not be able to obtain a mortgage for a house. It is a very bad idea. I routinely file unlawful detainer suits against tenants who do not pay the last month's rent. I don't allow them to do that.

He should look up his state's laws regarding the conditions under which he is entitled to return of his security deposit. He may have to use the courts to enforce compliance with the laws.