The Use of Rent Deposits
In all states, the laws allow landlords to collect a security deposit when you move into a rental unit. Some states limit the amount of the security deposit to one or two months' rent, while others allow landlords to charge any amount. The security deposit performs as a protection for your landlord in case you damage the unit or fail to pay rent. When you move out, your landlord is required to return all or part of your deposit.
Repairs
If you or any of your visitors damage the rental unit beyond ordinary wear and tear, your landlord can use your security deposit to pay for the repairs. However, these repairs have to have become necessary because of your unreasonable use of the unit. You can protect yourself by completing a move-in checklist and photographs to document the state of the unit at the time you move in. Otherwise, your landlord may be able to charge you for undocumented existing damages.
Cleaning
Your landlord can also use your deposit to cover necessary cleaning that is beyond normal wear and tear. There can be conflicts regarding what constitutes normal wear and tear. Generally, you are responsible for cleaning items that are excessively filthy. For example, you have to pay for the costs of cleaning pet urine stains on the floor, water stains from a leaking plant container, grimy bathtubs and sticky cabinets. Your landlord can only charge these costs when you vacate the unit and can't make you pay for routine cleaning.
Unpaid Rent
Your landlord can take your security deposit to cover payments that you fail to make. For example, if you miss one or more rent payments, your landlord can deduct this amount from your security deposit. If you make a late payment, incur late fees and fail to pay them, your landlord can also deduct them from your deposit. Your landlord may also take money from your deposit if you fail to pay any of the utilities bills that are your responsibility under the terms of the lease.
Last Rent Payment
Some tenants insist on withholding the last month's rent before moving out and instructing the landlord to take the amount from the security deposit instead, according to SFGate.com. However, you don't have the right to use the security deposit to pay rent. If you refuse to pay rent, your landlord may decide to evict you and take legal action to recover the money. If your landlord wins the lawsuit, you may have to pay his attorney's fees and court costs.
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