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Can your landlord require as a condition of renting an apartment to you a security deposit the first month's rent and the last month's rent?
Wiki User
∙ 15y ago
The answer below is pretty much correct. It is important to understand that there is rent and security. The deposit is to cover losses and protect the landowner against you if you have bad credit or if you demolish the apartment. The owner must deposit this in a separate security account that carries interest payments on your money.
Only if it is included in the wording of the lease that was signed. If there is no clause requiring last month's rent. Then the request by the landlord is unenforceable.
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Better if you are going to review your contract because that is the only way to know if the things that your landlord's doing are legal. There are times that they are allowed to ask for last months deposit because they need to be assured that even though you will be evicted or move out without ending the lease and you choose not to pay your last monthly rental fee at least they have your last month deposit.
Wiki User
∙ 8y ago
Wiki User
∙ 13y agoA landlord can ask for anything they want basically. They are not forcing you to lease from them and can write their own requirements. I can't stress enough how important it is to READ your lease! Especially the sections of timely response to repairs and the amount of notice they have to give you on vacating the property for late rent.
Wiki User
∙ 14y agoCan I pay my last months rent by using the deposit ? Also my land lord has been letting himself into our house I know it belongs to him but where do we stand I feel totally vialated ! He has also turned up with a list of finances about us and has theatened us by saying he is going to phone our work places to inform them ! He has also by the looks of it taken oil out of our system and been in our house and turned the heating on while we have been out. We also have a lovely dog who we love he is very much part of the family ! We have enough room in our house to have a elephant ! And ocassionally we have left him very contented by the way while we work this is not often and he has phoned the r s p c a ! My dog is treated like a king ! He has also put our deposit in a protection scheme which is all good but 5 months later and not in the 14 days he was ment to by law but only because he knows we are moving this month ! He also told us we had to pay for a new cooker as the one he put in he didn't want to fix ! The house itself took 3 days to clean ! And of course it goes witout saying when we move the same will be done even though u could still eat your dinner off the floor ! I feel it is sour apples and I really did not want that to happen but I feel very threatened where do I stand ? Please help !
Wiki User
∙ 11y agoNo, the security deposit is meant to be held for unpaid damages- if you do not have any cleaning or damages then you can get the money back.
However, some states have separate rules for security deposits and damage deposits. In those cases, the tenant may REQUEST that he landlord take the security deposit (which is no longer necessary because no further rent will be due) and apply it to the last month's rent.
In fact, many agreements require a tenant to pay "first and last month's rent" in addition to a security and a damage deposit. In that case, the tenant has actually already "paid" the last month's rent, in addition to the security deposit.
Wiki User
∙ 14y agoThere are no hard and fast rules against this arrangement,provided your Landlord is agreeable and satisfied that he/she will not need to retain any part of your deposit when you vacate the said premises in the case of damage,unpaid bills,etc.
Wiki User
∙ 15y agoIn some States, yes, in others, no. Check out state and city landlord-tenant laws before you sign a lease and tender a check for such a large amount.
Wiki User
∙ 14y agoFirst month's rent is collected right before you move in. The landlord can collect last month's rent any time after this, but both of you need to make an agreement to this beforehand.
Wiki User
∙ 13y agono, because if u sign it u cant change it unless the term is over
Wiki User
∙ 13y agoThey can ask, and some people might do it, but you don't have to, unless the deposit is written into the lease.
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Renting an apartment in Indianapolis In with evictions?
Renting an apartment in Indianapolis, IN when there have been prior evictions can sometimes be tricky. It is best to be upfront with the landlord. They may require references and a security deposit in order to rent the apartment.
Can a landlord use your last month's rent to repair the apartment?
No. Your last month's rent is that: your last month's rent. The landlord must allow you to stay in your apartment for the last month and not use that money for any other reason. If the landlord collected a security deposit then he can use it to repair his unit: IF you are the one who damaged it outside the realm of normal wear and tear. He cannot use your security deposit as your last month's rent unless you agree to it.
Meaning of security deposit?
A security deposit is an advanced deposit that is generally retained by the landlord during your tenancy. The landlord is obligated to return such deposit within 30 days with interest earned, if any, and/or an itemized list of expenses for which the landlord is offsetting the deposit amount (for which he wants to keep some or all of the deposit). The laws regulating such deposit varies between states under the Landlord/Tenant laws of that state.
Where does a landlord keep a security deposit?
Most states require the landlord to place the deposit in an interest-bearing account, protected from his creditors.
Can your landlord keep a security deposit to paint an apartment after two years of occupancy?
Yes he can. It depends on the degree of damage done. A landlord shouldn't keep the deposit to paint if only usual wear and tear have occured. However, putting nail or pin holes may be enough for the landlord to justify keeping the deposit for damage beyong normal, permitted use.
Can your landlord require as a condition of renting an apartment to you a security deposit the first month's rent and the last month's rent in California?
yes
Can a landlord withhold security deposit if you do not let him show the apartment to future tenants before your lease expires?
Yes. That's the short answer, but it's usually a condition of your lease.
Why would a landlord keep the security deposit?
A landlord will keep a security deposit if the condition of the rental property was damaged by the occupant in some manner. The security deposit is to cover the expenses of repairing the rental property after the tenant has moved out of the premises.
When a tenant vacates an apartment is it right for the landlord to deduct money from the security deposit to pay to clean and paint the apartment for the next tenant?
The purpose of a security deposit is to pay the last month's rent in the event that a tenant stops paying and has to be evicted, not to pay for cleaning and painting. It would only be reasonable to use a security deposit for this purpose if the departing tenant left the apartment in extremely bad condition, requiring an abnormal expense to restore it.
What if the new landlord tells you to find the old landlord to get back security deposit?
A new landlord has to have received the security deposit from the old landlord during the process of the closure of the sale of the property. The new landlord is responsible for that security deposit.
Can a Manager or Landlord Wrongful withhold part of a security deposit even if you never moved in?
If an apartment is reserved for you, because you paid a security deposit, that means that the landlord is not able to rent it to anyone else. Hence, when you then decide not to move in after all, the landlord has still lost the rent which he might have collected by renting that apartmnent to a different renter. So yes, he can withhold the deposit. It is not a good idea to make a deposit on an apartment that you are not actually going to move into.
Can a landlord deny you an apartment if you only have first and last month's deposit even though they asked for Security deposit as well?
It depends on what state you are in according to RentLaw.com
What does a landlord owe a tenant?
that the Landlord will follow the law. if the tenant leaves the house in good condition, the landlord must refund the entire amount of security deposit.
How long before you get your security deposit?
The security deposit is returned: after the lease ends; the tenant moves out; and the landlord inspects the apartment. The landlord has the right to deduct any necessary cleaning and/or repairs to the apartment in order to ready it for a new tenant, but nothing to improve the apartment (for example, adding an air conditioner or dishwasher where none existed; replacing carpeting with hardwood flooring) beyond the condition in which it was leased. Depending on the condition of he apartment, the landlord may not refund any of the security deposit. Your best bet is to thoroughly clean the apartment and patch any holes/damage created during the lease. Optimally, you would have taken photos the day you moved in to prove the condition of the apartment as received.
Renting an apartment in Indianapolis In with evictions?
Renting an apartment in Indianapolis, IN when there have been prior evictions can sometimes be tricky. It is best to be upfront with the landlord. They may require references and a security deposit in order to rent the apartment.
Can a landlord in Connecticut charge first last and a security deposit?
Yes, a landlord in Connecticut can charge first, last, and a security deposit to renter.
If you live in a house and it is sold does the old landlord have to give you back your security deposit?
No. In the estoppel that your old landlord signs to the new landlord the security deposit is turned over to the new landlord, who keeps the deposit where it is now, or tells you where your deposit will be located.
