No they cannot. In Australia the money is held in trust by the rental bond board (govt dept). When you terminate the lease, the place is inspected, if all clear, the landlord will advise the rental bond board, to refund the deposit, with interest
only if that is agreeable with landlord. A lease agreement without a lease is a verbal lease. Your last month's rent is not a security deposit.
Security deposit protects agains damage. Not much really protects the landlord against failure to pay rent, except maybe a last-month-rent deposit. Whenever a tenant falls behind on rent, the landlord should move quickly to start the eviction process. They can always slow down later.
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.
security deposits protect the landlord if the tenant fails to pay rent or causes damage to the rental premises beyond normal wear and tear. a renter can not choose to pay rent with any portion of that deposit.
Massachusetts statutes allow a landlord to collect, at the beginning of a tenancy, the first month's rent, the last month's rent, a security deposit, and a key fee. Most states are similar.
The landlord has a right to ask for the security deposit to be increased when the monthly rent goes up.
Yes.
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Yes you can. Your landlord cannot use your last month's rent as security deposit and vice versa.
This would depend on the landlord. If you landlord says yes to this, which I seriously doubt. Then obviously when you moved out you wouldn't get it back. Talk to the landlord about your situation. Maybe something can be worked out.
You can in Massachusetts - you don't say what state you are in. The landlord has the option of using the deposit for back rent, but he doesn't have to.
To move into a dwelling, the landlord is going to generally ask you for the first month's rent, a security deposit, and often times the last months rent. Every state has its own rules about this and you should check with it. In South Carolina and Florida your security deposit may not exceed one month's rent. And in both states that security deposit may not be used as rent unless you and the landlord mutually agree.
No, normally you can spend the money. If a tenant terminates a lease early the landlord can keep the security deposit and sue the tenant for loss if the unit is not re-rented by the time the lease would have expired.
I think he can since he is new. Did you get back your deposit from the original landlord? I would try to get it or find out where the money went. The money could have been handed over to the new landlord or landlord 1 kept it. You may be able to sue him in small claims court for your deposit.
Some states have statutes which state that a security deposit cannot be comingled with the landlord's funds. Some legal scholars have concluded that, since the last-month-rent deposit is the landlord's funds, these cannot be in the same account.
landlords can charge you what ever they want (with out a lease) ... its your wellness to pay that sets the tone ...Answer:The person who wrote the above"answer" is clearly not informed about landlord tenant law. First, in California, everything you pay EXCEPT for the 1st month's rent is considered a deposit. It does not matter what it is called. It does not matter what is on the lease agreement. Anything over the 1st month's rent is a deposit. The maximum deposit the landlord can request is double the rent. So if he asks for first, last and a deposit, he is really asking for double the rent as a deposit. This is legal. However, if the rent is $2,000 and the landlord asks for first, last and a $4,000 deposit, that is illegal.
only if that is agreeable with landlord. A lease agreement without a lease is a verbal lease. Your last month's rent is not a security deposit.