US Legal Forms
Legal Resources
Questions & Answers
Landlord Tenant
Can my security deposit go towards my last month's rent?

Can my security deposit go towards my last month's rent?

Q: What is the most a landlord can charge for a deposit?

The maximum amount a landlord can charge for a security deposit varies by state. Generally, it ranges from one to two months' rent. Some states have specific laws regulating the amount a landlord can charge, so it's important to check your state's regulations to ensure compliance.

Q: What evidence is needed for a deposit dispute?

To support a deposit dispute, you should provide evidence such as a copy of your lease agreement, photographs of the property showing its condition at move-in and move-out, and any communication with your landlord regarding the deposit. Receipts for repairs or cleaning can also strengthen your case.

Full question:

I moved into my new house and I am not renewing my lease due to the fact I purchased a home. I paid a $600 security deposit that is due back if the house is in compliance; which it is. I will be moving into the house I am buying. Can I use the $600 and send them $250 to clear the August rent without being penalized?

Category: Landlord Tenant
Subcategory: Security Deposit
Date: 04/07/2025
State: Alabama

Answer:

If all or part of your security deposit is called "last month's rent" on your lease or rental agreement, then applying this amount to your last month's rent is in agreement with the lease terms. If part of your deposit was not specifically for last month’s rent, you are supposed to pay rent the last 30 days you are there (even when the security deposit is larger than or equal to one month’s rent).

However, if you think there will be problems getting your landlord to return the security deposit, you may choose to use your deposit towards your last month’s rent. You may explain in a note and keep a copy that you need your money for moving expenses, and that you intend to leave the place clean (you may even offer to have the landlord inspect right then to look for damage).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What does it mean when your lease is not renewed?

When your lease is not renewed, it means that your landlord has chosen not to extend your rental agreement beyond its current term. This can happen for various reasons, including the landlord's decision to sell the property or to lease it to someone else. As a tenant, you will need to vacate the property by the end of the lease term unless you negotiate a new agreement.

How do you win a deposit dispute?

To win a deposit dispute, gather evidence such as photos of the rental property, communication with your landlord, and any receipts for repairs or cleaning. Document the condition of the property when you moved in and when you moved out. Present this evidence clearly to your landlord or in small claims court if necessary, demonstrating that you fulfilled your obligations and that the deposit should be returned.

What happens when you dispute a deposit?

When you dispute a deposit, you typically inform your landlord of your claim regarding the return of your security deposit. The landlord may respond by providing an itemized list of deductions or may refuse to return the deposit. If you cannot resolve the dispute directly, you may need to take legal action, such as filing a claim in small claims court.

What is the most a landlord can charge for a deposit?

What evidence is needed for a deposit dispute?

How do I fight a non-renewal lease?

To fight a non-renewal lease, first review your lease agreement for any clauses regarding renewal and notice periods. Communicate with your landlord to understand their reasons for non-renewal. If you believe the non-renewal is unjust or violates local laws, you may consider negotiating for a renewal or seeking legal advice for potential remedies.