Can I have my ex-landlord use the deposit as last months rent?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I have my ex-landlord use the deposit as last months rent?

We lost our jobs and couldn’t pay our rent so we moved out in that month and cleaned the house to where someone else could move in the next day. I told our landlord that we have no money and to use the deposit to cover last months rent. She said no!!! And threatened to file a police report. What can I do. She also said she will garnish my wages once I get a job.

Asked on July 20, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation.  Generally speaking, a security deposit is used for damage to a rental but in California a landlord can indeed apply it to unpaid rent.  And if you have not caused any damage to the apartment other than normal wera and tear - which I hope you can prove with pictures, etc., - then you should be fine.  Can the landlord sue you?  Yes, but you have defenses here.  Although it was her right not to agree in the end it may work out fine.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption