QUESTION

Can we make him use our deposit money to help us out?

Asked on Jan 16th, 2015 on Landlord and Tenant Law - Utah
More details to this question:
My husband and I cannot afford our rent and the landlord has agreed to break our lease (verbally). We do not have the money for this month's rent and can't move until the end of next month. We put a first and last month deposit down plus an equal amount for security deposit when we moved in ($5400). Our realtor friend said we could have the landlord use our deposit and last month's rent to pay for rent until we move. We have asked him to do this and said we would even sign a release to the money but he refuses.
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1 ANSWER

Lisa Hurtado McDonnell
Well it take time to evict a tenant. You have ten days to respond to a complaint . It cost the landlord filing fees amount depends on how much you owe. Has the landlord served you with a court order three days notice yet? If so then he take the cost out of your deposit (check the language of your lease). Otherwise deposit money can be used to mitigate costs. If you leave the place without any damages and leave it clean the your deposit can be applied to the past due rent. Although the you are obligated to pay rent until it is rented. You should get the written release to free you of this obligation.
Answered on Jan 20th, 2015 at 9:00 AM

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