QUESTION

Can I use my security deposit for my apartment as last months rent when moving out?

Asked on Mar 22nd, 2013 on Contracts - Ohio
More details to this question:
I've been living in an apartment for two years, one of those years has been month to month. Since Ive moved in, I have had many issues with appliances supplied and neighbors in the building smoking illegal drugs and it effecting my apartment, also the hallways are never lit at night and the carports arent either. They have been notified of everything that goes on and what needs fixed, they say someone will be out within a few days and nothing ever happens. I have found a new apartment and im scheduled to move in the first of april. However since I pride myself on being a good tenant regardless of how terrible they have been to me as landlords I would like to give a thirty day notice, but I want to use the security deposit as my last months rent. What can they say and what are my other options so im not paying rent in two seperate places?
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1 ANSWER

The legal answer and the practical answer may be two different things. Legally, the answer is probably no.  Do you have a written lease?  If so, your security deposit is governed by the terms of your lease.  Almost assuredly, it prohibits you from using your security deposit as your final month's rent.  It is security for two things, the full and faithful performance of your lease while you are occupying the premises and to assure that they have some ability to collect from a tenant who leaves the premises in an unreasonable condition, be that damaged, uncleaned, etc.  If you don't pay your rent, you will be in default of your lease and there is likely some provision for late charges, etc. You say that your second year has been on a month-to-month tenancy.  Are you sure.  Leases often have 'evergreen" clauses where they automatically renew for another year if you don't give enough prior notice.  Please read your lease or take it to a qualified lawyer to be sure that you are not getting yourself into a worse position by leaving when you thought you had the right to do so, but were mistaken.  Even if you are on a "month-to-month", the lease may provide for more than a 30-day notice to leave.  Again, read your lease.  If you do have the right to terminate your lease with 30 days notice, practically, there isn't much they can to do you.  You probably have a grace period of 10 days of so, so they won't even really know that you are late until after that period.  If they started immediately, depending on the court, they might be able to get you into court for an eviction within the remainder of your lease term, but the court would at best tell you to get out when you were supposed to be out anyway.  The downside, is that in addition to late charges, they will also be able to get a judgment against you and collect court costs if they were to file to evict you. The landlord doesn't have to give you your deposit back for 30 days after you move out, and that is only if you have given them your forwarding address so they can send the check.  Alternately, they can hold it that long, then give you a list of the reasons why they are withholding all or part of your money.  If they don't get it back to you in time or don't have a reasonable list, you can sue them.  Here is a link to a helpful pamphlet from the Ohio State Bar Association.  https://www.ohiobar.org/forpublic/resources/lawfactspamphlets/pages/lawfactspamphlet-11.aspx If you have a reputable landlord (it sounds like you don't), you may get them to agree to meet you at the property as you move out and clean to cut you a check right then.  They do not have to do that, but then might.  Alternately, you might be able to get them to agree to let you use the security deposit as you last month's rent, with the promise that they will be there when you move out and if anything is out of place that you will write them a check immediately.  I doubt that either one of those things will happen, but they might.
Answered on Mar 25th, 2013 at 11:39 AM

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