Can we force our property management company to use our security deposit as last month’s rent?

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Can we force our property management company to use our security deposit as last month’s rent?

I am moving out of my home next month. We had a 1 year lease which expired 6 months ago and did not renew; they were supposed to send us a new rental agreement and never did. During the period of our lease the property management company was switched . I am concerned about getting our damage deposit back because the current company was not in possession of the house when we rented it. Can i force them to use our damage deposit as our last months rent? What legal rights do I have since I’m not obligated under a lease? We have not caused any damage to the house besides normal wear and tear, and have had no issues. We always pay our rent on time.

Asked on January 3, 2012 under Real Estate Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you are entitled to use your security deposit as the last month's rental for the unit you are occupying depends upon the terms of the written agreement that you have with the landlord. Most likely the security deposit is to cover damages and not the last month's rent per the terms of most lease agreements I have reviewed.

I would send the current property manager a copy of your initial lease referencing the amount of the security deposit. You need to remember that the propery manager is typically not the landlord but rather is the landlord's agent. Ultimately the landlord is responsible for the return of any owed security deposit to you.

I would contact your landlord as to the status of getting your security deposit back when you vacate the rental.

 


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