Real Estate Community Forum

I am planning to move and would like use my security deposit to pay for my last month's rent. I feel this should not be a problems since I have lived in my apartment for a year and there is no damage to any of the rooms. In fact, the walls are in excellent condition so there is no need to paint and there are no stains in the carpet so the the carpets don't need cleaning. Basically, the apartment will be left in the exact condition as when I first rented the apartment. Hence, the landlord will eventually return my security deposit, so why not just tell him to keep it and use it towards my last month's rent? This seems very logical and convenient for both parties.

I would suggest you review your lease terms. When you signed the agreement did you pay first, last and security? That may be the case. Also keep in mind in some states it is actually illegal to withhold the last month's rent. Depending upon what state you are in I would make sure you could do it.

The best thing to do is to contact your landlord and communicate what you propose. It is doubtful that the landlord would spend the time and money going after you for the rent when he has the deposit however legally he/she is obligated to provide you with an accounting of the deposit and outline charges against same upon your lease expiration. Again states have different laws in the regard.

I hope this helps and good luck.