Can My Security Deposit Be Used as Rent?

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When you move into a new apartment, your landlord is going to ask you to pay a security deposit. This is a set amount that can be used for a very specific purpose and if you take good care of the apartment, the landlord is required to give it back to you when you move out. Each landlord can usually choose the amount of the security deposit that they would like to charge the tenant, but there may be some local rules and regulations that help limit them a little bit and they will often follow what others are doing in the industry.

 

The security deposit is a type of insurance for the landlord. If their tenant decides to skip out and not pay the last month’s rent, they can use the security deposit for that. If the tenant causes more than normal wear and tear on the property in damage, then the landlord is allowed to use the security deposit to do some of the cleaning and repairs. They do need to document this and it is a good idea to do the final walk-through with the landlord to see what they are trying to take off and to make it more likely that you will be able to get some, if not all, of the security deposit back.

 

However, remember that the security deposit that you pay to the landlord is not meant to be used for the last month’s rent. When it is time to move out, you should not ask the landlord to take that deposit and use it to cover your rent at all. The security deposit is for something else entirely and you are going to find that the landlord will not be open to helping you out on that last month. If you paid for the first and last month’s rent when you moved in, then this is taken care of for you already, but not out of the security deposit.

 

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