Legal Question in Real Estate Law in California
Can I use my security deposit towards my last month's rent? I have been at this property for 5 years now, and I don't expect to be charged for any of the "wear and tear." Rent is 1,495.00 now and my deposit is 1,295.00. The land lord is telling me that they cannot use the deposit as rent, but I don't understand why. What could this do to me legally if I just gave them a check for the additional amount?
1 Answer from Attorneys
A security deposit ordinarily must be maintained at its full level during the entire tenancy.
A few leases permit the deposit to be drained down for the last month's rent, and a few landlords will let you get away with it, but, strictly speaking, a tenant agrees to pay rent once a month, and to maintain a security deposit, throughout the term of the lease, and those two agreements are clearly incompatible with applying the deposit to the last month's rent.
One of the reasons is that damage and other problems are known to be more likely when the tenant feels less obligation toward the premises during the final weeks of his presence there.
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