Can I withhold my rent for last month of tenancy if I anticipate that landlord will screw me out of security deposit?

Asked about 1 year ago - Fairfield, CT

Notified landlord 6 weeks in advance that I'm moving out (lease expired a while ago and I've been month-to-month since). Following my notice, landlord made unreasonable demands that I clean and fix the place up so he can show it to prospective tenants. Did the best I could and permitted access to realtor and prospective tenants. However, since I'm in the midst of packing up, the place is now very cluttered. Landlord got pissed and ordered me to clean it and make all sorts of repairs for which I am not responsible. Landlord also entered onto property (driveway) without giving me any prior notice. Landlord has one month security, which I am convinced he will keep in its entirety based on invalid/non-existent damages. I feel he has also screwed me out of my quiet enjoyment for this month.

Attorney answers (2)

  1. Renee Mayerson Cannella

    Contributor Level 13


    Lawyers agree

    Answered . Take A Lot Of Pictures Of The Place Once You're Cleared Out. Do A WalkThrough With The Landlord And If Possible Have Someone Else Present With You. If Your Landlord Fails To Send You Your Security Deposit Timely, Along With Accrued Interest And He Does Not Have a Valid ReasonThen You Can Sue In Small Claims Court.

    Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her... more
  2. Cheryl Rivera Smith

    Contributor Level 20

    Answered . You could expose yourself to further liability by doing so.

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