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Paying last month rent with security deposit

Menlo Park, CA |

We are in our last month at a rental property and landlord holding $7000. WE owe $4300 for month of June and told Landlord to use security deposit as ability to service the repair in the place as not been slow and hence we do not want to chase him down for security when we are moving from CA to NY.

Attorney Answers 1


You haven't asked a specific question. However, I assume you are asking if you can legally pay your rent with your security deposit. The answer is, technically no, UNLESS the landlord agrees in writing. Deposit is deposit, and rent is rent. A tenant does not have the unilateral right to apply deposit to pay rent. Pursuant to Civil Code section 1950.5, landlord is not obligation to return the security deposit and/or provide an itemized deduction until 21 days after the tenant vacates.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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