If I am not renewing my lease can I use my security deposit as the last month's rent?
Full Question:
Answer:
If you do not pay the rent and the desposit is not sufficient to pay for the charges the landlord is entitled to deduct, you may be liable to the landlord for the amount. The statute does not provide that you can withhold the last months rent because you have paid a security deposit. If you would like to do this, suggest you discuss with your landlord.
33-1321. Security deposits
A. A landlord shall not demand or receive security, however denominated, including,
but not limited to, prepaid rent in an amount or value in excess of one and one-half
month's rent. This subsection does not prohibit a tenant from voluntarily paying more
than one and one-half month's rent in advance.
B. The purpose of all nonrefundable fees or deposits shall be stated in writing by
the landlord. Any fee or deposit not designated as nonrefundable shall be refundable.
C. With respect to tenants who first occupy the premises or enter into a new
written rental agreement after January 1, 1996, upon move in a landlord shall furnish the
tenant with a signed copy of the lease, a move-in form for specifying any existing
damages to the dwelling unit and written notification to the tenant that the tenant may
be present at the move-out inspection. Upon request by the tenant, the landlord shall
notify the tenant when the landlord's move-out inspection will occur. If the tenant is
being evicted for a material and irreparable breach and the landlord has reasonable cause
to fear violence or intimidation on the part of the tenant, the landlord has no
obligation to conduct a joint move-out inspection with the tenant.
D. Upon termination of the tenancy, property or money held by the landlord as
prepaid rent and security may be applied to the payment of all rent, and subject to a
landlord's duty to mitigate, all charges as specified in the signed lease agreement, or
as provided in this chapter, including the amount of damages which the landlord has
suffered by reason of the tenant's noncompliance with section 33-1341. Within fourteen
days, excluding Saturdays, Sundays or other legal holidays, after termination of the
tenancy and delivery of possession and demand by the tenant the landlord shall provide
the tenant an itemized list of all deductions together with the amount due and payable to
the tenant, if any. Unless other arrangements are made in writing by the tenant, the
landlord shall mail, by regular mail, to the tenant's last known place of residence.
E. If the landlord fails to comply with subsection D of this section the tenant may
recover the property and money due the tenant together with damages in an amount equal to
twice the amount wrongfully withheld.
F. This section does not preclude the landlord or tenant from recovering other
damages to which the landlord or tenant may be entitled under this chapter.
G. The holder of the landlord's interest in the premises at the time of the
termination of the tenancy is bound by this section.
