Can you use your security deposit as last month’s pay?

By Tenant

People do this all the time. But can you really? Well, that depends on a lot of things. There are some states like New Jersey that allows you to do that and there are also states like Texas that makes it illegal to do so.  Security Deposits are a certain amount of money usually the same amount as your one month’s pay that the landlord will withhold until you move out. It will cover any fee like cost for repairs unpaid bills, etc. when you leave. Usually, It will take 30 – 45 days after moving out that you can claim the amount minus any cost taken.

You will need to consider a few things before considering using your security deposit as last month’s pay:

• Review your lease agreement. Normally, it includes a clause regarding this issue.
• Do your own inspection and walkthrough beforehand. Check to see if there might be some needed repairs on your house/unit after you move out.
• Ask your landlord directly. There is no step more direct other than asking him directly. “Hi, things haven’t gone so good for me lately. You know that I’m moving at the end of the month and the house is spotless. Is there a way that we can use my security deposit as last month’s pay?” Luckily, he will agree and you’re free.
• In some states, the landlord is required to separate your security deposit in a different account and can only be withdrawn after the date specified in your agreement.
• Keep in mind that if you do not pay your last month’s rent, He can serve you a 3 day pay or quit. It means that you have 3 days to pay or move out. And if you don’t He can sue you legally.
• As is the law in most states, never withhold rent for anything. It will cause you a lot of problems afterwards. And this includes Last month’s pay.
• It is your right to attend scheduled inspections after moving out so you know how much cost will be taken away from your deposit.

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