I'm buying a house and my closing day is January 15th 2020. My lease ends January 31st 2020. I asked my landlord if they could take out my last month's rent from my security deposit. They indicated that it was not permissible. they recently did an inspection and only saw that there was some stains on the carpet which I already know that they're going to take out carpet cleaning fees from my security deposit. I asked if they saw any other damage they said no.
The landlord can retain a security deposit (or a portion of it) as payment for damages beyond normal wear-and-tear or other obligations of the tenant, including unpaid rent. So, if the carpet is so badly stained that it exceeds normal wear-and-tear and you fail to pay the last month’s rent, the landlord might be entitled to retain the entire deposit. Beyond that, if the damage to the carpeting is very bad and the cost of cleaning, repairing or replacing it is more than one half of a month’s rent, the landlord could very well file a lawsuit against you to recover the balance and a judge could rule that you do owe additional money to the landlord. That is about the worst thing that could happen
If you do not pay your rent, there is a chance that you will not be evicted before January 15. On the date that you do move out, the landlord will apply your security deposit toward rents and damages, and may sue you for any amount that you owe in excess of the deposit. Please note that in the event an eviction action is filed, your lease may hold you liable for the costs of the eviction, and therefore, your strategy of not paying your last month's rent may backfire on you.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline