Security Deposit Is Not The Last Month's Rent (Part 1 of 2)

Question: I have been renting an apartment, and my lease will expire at the end of November. I have taken a job out of this area, and expect to begin my new position on November 1 of this year. My landlord has a security deposit which is equivalent to one month's rent. Should I pay for November since I will not be living in the apartment? The landlord will not be hurt, since she can use my security deposit for the November rent. Should I discuss the situation with my landlord?

Answer: The landlord-tenant relationship should not be antagonistic. There is no reason for a landlord and a tenant to get into constant fights and arguments over every conceivable issue affecting the rental property.

However, unfortunately, this is the situation in too many cases. The landlord often presents unreasonable demands, and the tenant counters with his/her own unreasonable requests.

We have to start any landlord discussion with a review of the lease. In every landlord-tenant arrangement, there should be a written document, which is called a "lease." Once it is signed by the landlord (or the agent) and the tenant, this becomes a legally binding document on all parties who signed it.

Thus, it is important for tenants to thoroughly read (and understand) the lease before signing. Typically, however, it is my experience that most tenants do not bother to review the lease before it is signed. It is only when a problem arises does the lease begin to be scrutinized, and often that is too late.

The security deposit is an amount of money -- generally one month's rent -- which a tenant gives the landlord upon signing of the lease. This deposit -- which in some jurisdictions must be kept by the landlord in an interest-bearing account -- is not to be used for the last month's rent. It is used to pay any damages which the tenant may have caused to the property during the tenancy.

Landlord-tenant laws differ all over this country; some are stronger than others. In fact, the landlord-tenant laws in the District of Columbia are considered perhaps the most tenant-friendly in the United States. It is to be noted that this article is addressing residential tenancies; there are different procedures (and laws) impacting commercial leases.

You have suggested you want your landlord to use your security deposit for the last month's rent. I cannot recommend this under any circumstances.