Can my security deposit be used to pay for rent thatI owe?

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Can my security deposit be used to pay for rent thatI owe?

Asked on October 10, 2011 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have a written lease agreement, you need to carefully read its provisions in that its terms and conditions control the obligations owed to you by the landlord and vicse versa in the absence of conflicting state law.

In pretty much all states the purpose of a security deposit is to cover any damages with the rented unit at the lease's termination and not for the payment of rent. As such, you need to carefully read your written lease in order to ascertain what the security deposit can be used for and when, and if stated specifically, its provisions control.

If you do not have a written lease then most likely your security deposit cannot be used for monthly rental payments.


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