Legal Question in Real Estate Law in California
Can I use my security deposit as rent for my last month of tenancy?
I paid a full month of rent as a security/clening depoist when I moved in a year ago.
If I leave the townhouse clean and without any damage, what happens if I
dont pay my last month's rent and just live off the cleaning/security deposit?
Can I do that legally? Can I be sued or evicted ahead of time?
1 Answer from Attorneys
Re: Can I use my security deposit as rent for my last month of tenancy?
You cannot properly use your deposit for rent without the written approval of the landlord. The deposit is security for whatever damage and cleanup the landlord may need. You should pay rent through the end of the last month of your tenancy. The landlord must return your deposit or provide an accounting within the next month. If he fails to respond, you can sue him for the deposit.
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