Question: I recently bought my first home, so I will be giving a termination notice to my landlord soon. My security deposit is quite large, and it would help me financially if the landlord allowed me to use it for my final month's rent.
What can the landlord do if I don't pay the final month's rent and instead tell him to use my deposit for last month's rent?
Answer: Landlords are not obligated to use security deposit funds for the final month's rent, unless it is specifically stated in your written rental agreement that the deposit can be used for this purpose.
If your landlord does not agree to use your deposit for the final month's rent, he can serve a 3-Day Pay Rent or Quit Notice to you, which could escalate to a legal action, known as an unlawful detainer (eviction process in court).
For more information, contact a local fair housing or mediation program, or Project Sentinel at (888) 324-7468, or visit http://www.housing.org.
