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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.

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13y ago

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Q: Can a landlord use your last month's rent to repair the apartment?
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How much time do you have to vacate an apartment in Chicago once your lease is up if your landlord won't let you renew the lease?

The last day of the lease.


Can you leave not pay last months rent let landlord keep security deposit without a lease agreement?

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.


It is against the law for the landlord to ask for first and last months rent to someone who is renting?

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.


Can i not pay my last month if i gave a first and last month deposit?

If you have a contract stating that you did indeed pay your money upfront that serves as a first and last months deposit, then there should not be any problem. If you do not have a contract, then the landlord can say that was a damage deposit...all depends on what you have in writing.


When you pay first and last security deposit on a rental home and you stayed there for your first month do you owe after the first 30 days or do you start paying on the second month you just don't get?

Normally you start paying the rent after 30 days. The landlord keeps the "last" months rent as a security deposit until you move out. In some states, you can use this as the final month's rent on your lease (usually the 12th month.) If you renew your lease the landlord will keep it until your final 30 days. . . that's why it's called the "last" month's rent.

Related questions

Landlord has last months rent plus security. can I live out last months rent?

Yes you can. Your landlord cannot use your last month's rent as security deposit and vice versa.


Can a landlord use last months rent as a security deposit in Arizona?

Yes, only if the Landlord accepts. This is usually a request by a Tenant that is most often denied by the Landlord.


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


How much time do you have to vacate an apartment in Chicago once your lease is up if your landlord won't let you renew the lease?

The last day of the lease.


Can a landlord keep first and last months rent even if you did not live on the property in MN?

Ah, the age old issue of "I didn't live there, you shouldn't get to keep rent." The issue with this logic is that it forgets that the landlord cannot re-rent the apartment during your tenancy. So even though you did not live there, you occupied the space contractually, thus preventing the landlord from opening it to others. So, yes. A landlord can keep your first and last months rent even if you did not reside in the property. As an example, imagine a rental car. You go out and purchase a rental car for 7 days, but for 7 days you never drove it. Would it be fair to say "I shouldn't have to pay you because I didn't drive it?"


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


Can you use a deposit for the last months rent?

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.


Is it legal for a landlord to ask a potential tenant for 2 months' rent up front so that the landlord can finish building the new apartment?

Well, it does seem like an odd arrangement -- if he runs late getting finished, or doesn't finish it up, for instance, the renter would have nowhere to go. Common sense would say that this is not a good idea, even with a written contract, unless there is a real shortage of apartments in the area. It is legal to ask for 2 months rent. First and Last Month and quite possibly a Deposit. However, if the apartment building is not complete the landlord may be using potential tenants money to complete the construction. I wouldn't do it. Does not sound legit.


Can you leave not pay last months rent let landlord keep security deposit without a lease agreement?

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.


Is it legal for a landlord to ask for last months rent in Washington state ahead of time?

Yes, it is legal to require a last month's rent from a tenant int he state of Washington. In fact it is very common practice. You could ask the landlord if it could be prorated.


It is against the law for the landlord to ask for first and last months rent to someone who is renting?

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.


Where to find a copy of the law that states the deposit can be used for the last months rent if your evicted?

Your state laws should have a section about "landlord and tenant" or the like. There are also many self-help books available about landlord/tenant laws. In Massachusetts, for example, the law defines both a security deposit and a damage deposit and ONLY the security deposit can be applied to delinquent rent, and the damage deposit remains the property of the tenant until the landlord proves damage to the premises and the costs to repair them.