first/last months deposit.. quick question to those with rental experience

schwagggg

schwagggg

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Joined
May 4, 2013
Alright so when I rented my current house for the school semester, I made a first and last months deposit the very first day of living here. It's coming up to the last month of the lease, would I be able to use the last month's deposit I gave the first day as rent for the last 30 days or as my landlord's stated that deposit will be returned to me once the house is seen as in good condition in a couple of months and he's still asking for another full month's rent for the last month?

Only reason I'm weary is because he's your typical untrustworthy landlord, he may be trying to cheat me out of a month of rent.. can anybody with rental experience chime in? Would appreciate it.
 
In some states, the law imposes a requirement on landlords to keep the security deposit in a separate account from their own money--this makes sense because, legally speaking, the money does not belong to the landlord. A security deposit belongs to the tenant until it is later refunded or applied to cover unpaid rent or damage beyond normal wear and tear. I don't know what state you live in but in NJ... You have a right to use the security deposit as rent.The law also says that if the landlord does not put the security money in a proper bank account, or does not give a proper written notice to the tenant every time the law says he or she has to, then the tenant can give a written notice to the landlord telling the landlord to use the whole deposit (plus seven percent interest per year) to pay the tenant’s rent. This notice should be sent to the landlord by certified mail, return receipt requested, and you should keep a copy. The money can be used to pay future rent or any back rent the tenant owes. Once a tenant legally tells the landlord to use the security deposit as rent, the landlord can’t ask the tenant for another deposit as long as the tenant lives in the apartment or house.
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Yes. The first and last month rent are for your first month and the last is for the last month of your lease. if you renew your lease then it gets carry over. It's also used for when tenants break their lease before the due date and the landlords get stuck with an empty apartment.

this is different from security deposit as that is for damages cause to the property.

ps. forgot to say that you should tellyour landlord that you are moving and to apply the last month rent. the security deposit will be return partially or in whole if there are no damages to the house.
 
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OP it depends on your state laws and what you and landlord agreed to. What is your state?
 
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Actually
In some cases, you pay first months rent and an EQUIVALENT to last months rent (which is actually a security deposit) the deposit is for any damages that you may make to the rental. So you still have to pay last months rent when that day comes. You will get your security deposit back when you move out (assuming that the rental is in good shape)

If repairs need to be done, that comes out of your security deposit
 
I'm in NY.. I just don't want to be cheated from him taking my "security deposit" aka 1 months rent, I'm fine as long as I get that back.. or even better if I can use that as rent for the last month. Thanks again
 
schwagggg said:
I'm in NY.. I just don't want to be cheated from him taking my "security deposit" aka 1 months rent, I'm fine as long as I get that back.. or even better if I can use that as rent for the last month. Thanks again
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sorry to say that if the contract is written security deposit vices rent ... then you can't use it. if it's written as 1st/last month rent then you can.
 
OP you need to clarify. Did you give "security deposit" that is equal to a months rent, or a the last months rent with no security deposit. Check you lease to see how it is classified. Because if I were to guess, it is classified as a security deposit. And you can't use it.

And you need to do a final walk through of the apartment before you bounce with the landlord. So any damages need to be discussed then and there

Don't rely on him to just hit you back in a couple months, that is how people get played
 
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RustyShackleford said:
OP you need to clarify. Did you give "security deposit" that is equal to a months rent, or a the last months rent with no security deposit. Check you lease to see how it is classified. Because if I were to guess, it is classified as a security deposit. And you can't use it.

And you need to do a final walk through of the apartment before you bounce with the landlord. So any damages need to be discussed then and there

Don't rely on him to just hit you back in a couple months, that is how people get played
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THIS make sure you do a final walk through together

And how was your last month rent written?
 
I'm reading the contract and it says "security deposit is not last month's rent".. also "security deposit will be returned after inspection and after 30 days" also "security deposit will not be returned if the lease is broken" the 30 days part is scaring me b/c this dude is shady AF and I don't trust he'll return it... the type of dude to make up some BS to not give me that money
 
schwagggg said:
I'm reading the contract and it says "security deposit is not last month's rent".. also "security deposit will be returned after inspection and after 30 days" also "security deposit will not be returned if the lease is broken" the 30 days part is scaring me b/c this dude is shady AF and I don't trust he'll return it... the type of dude to make up some BS to not give me that money
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Right but did you put down first last month plus security deposit?

It will yell you on the lease how much your security deposit will be
 
on the day I signed the contract I gave first months rent + security (same amount as rent so basically rentx2)
 
False about it being very rare to get your full security deposit back.

Also, no you won't be able to use your security deposit for your last month's rent, that is strictly a security deposit to cover any potential damages and as you quoted from the lease will be returned to you after you move out as long as there are no damages it needs to be applied towards. If it were used as your last month's rent, he'd have nothing to cover any potential damages once you move out.

If you're that concerned about his shadiness and not getting it back, document everything once you've moved your things out and before you've returned the keys.  If you've left it without damages, take pictures of EVERYTHING you possibly can, even if it's tedious and takes 200 pics over a few hours before you might meet with him, also have someone there with you if you can.  
 
schwagggg said:
 
on the day I signed the contract I gave first months rent + security (same amount as rent so basically rentx2)
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Then NO you cannot use it for last month rent because it is a security deposit

It a security deposit not last month rent. Security deposits is usually equal  to rent at least for homes

And your thread title is very misleading. It should had said can i use my security deposit for last month rent

If you try to leave without paying the last month thinking the landlord will use the security deposit for last month rent, your going to be in a world of trouble. Trust me it aint worth it, you will owe more, taken to court for last month rent since by law they cant use the security deposit then it will be harder for you to rent again..

Just pay your last month and do a walk through with your landlord...You will get your money back within a few weeks
 
schwagggg said:
I'm in NY.. I just don't want to be cheated from him taking my "security deposit" aka 1 months rent, I'm fine as long as I get that back.. or even better if I can use that as rent for the last month. Thanks again
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Typically before signing a lease in NYC landlords require first months rent and a security deposit. That all depends on the landlord though. Did you give him first months, last months, and a security deposit? You can't pay rent with a deposit. Your best bet would be to call the landlord up and confirm what you can and cannot do.
 
ScarsOrScabs said:
False about it being very rare to get your full security deposit back.

Also, no you won't be able to use your security deposit for your last month's rent, that is strictly a security deposit to cover any potential damages and as you quoted from the lease will be returned to you after you move out as long as there are no damages it needs to be applied towards. If it were used as your last month's rent, he'd have nothing to cover any potential damages once you move out.

If you're that concerned about his shadiness and not getting it back, document everything once you've moved your things out and before you've returned the keys.  If you've left it without damages, take pictures of EVERYTHING you possibly can, even if it's tedious and takes 200 pics over a few hours before you might meet with him, also have someone there with you if you can.  
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quoted so I don't have to write the same thing. Document everything and take pictures. If you kept up with your home ... All the holes in the wall are cover. Nothing broken house clean etc etc ... You should get your full refund. However, broken fixture here and there ... Dirty house nail size holes on the walls broken door etc. The security is going to disappear quick AF. In addition if you had pets ... I might not expect the money back period.
 
schwagggg said:
on the day I signed the contract I gave first months rent + security (same amount as rent so basically rentx2)
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Ok, so you CAN NOT use it for the last months rent. Usually when last months rent is involved you make 3, not 2, three payments at one time. First, last, security.

Now the 30 days thing is kinda standard too. What they are saying is that the landlord got 30 to notify you (some states have special requirements) of any damages and give you a itemized list of what he would be keeping some of the security for. If after 30 days he doesn't let you know, you're entitled to your deposit. The 30 days is to keep him on the ball.

So do the walk through with the dude, if you damaged the place, then you damaged the place and you gotta pay. But it is stuff like "dirty carpets need cleaning" "paint for walls" is standard clean up he would have to do for the next tenant so you're not responsible for minor things like that.

Clean the apartment as good as possible, take pics of everything when done, have a walk through with him, Have a witness there too and have him point out any legit damages. The your 30 days begins and he gotta sign you a list of what need fixing and how much. If he doesn't by the 30 days, the deposit is yours.

Shady people prey on the ignorant. So your best defense is to let ole boy know you're on the ball
 
This could go two ways, you could do it the right way or the wrong way.

You pay last month rent, leave the place spotless, document everything and wait 30 days for your security deposit.

You don't pay last month rent, you won't get a security deposit back, or he may take you to court to sue you for last month's rent and you could say you didn't get your security deposit back .. and he would have to prove that your caused a sufficient amount of damage to the apt.

If he's shady like you say, 9/10 he won't take it to court and just keep your deposit and maybe harass for $100 for "cleaning"

(my mom is a landlord .. tenants are the worst)
 
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heLiumcLinton said:
This could go two ways, you could do it the right way or the wrong way.

You pay last month rent, leave the place spotless, document everything and wait 30 days for your security deposit.

You don't pay last month rent, you won't get a security deposit back, or he may take you to court to sue you for last month's rent and you could say you didn't get your security deposit back .. and he would have to prove that your caused a sufficient amount of damage to the apt.

If he's shady like you say, 9/10 he won't take it to court and just keep your deposit and maybe harass for $100 for "cleaning"

(my mom is a landlord .. tenants are the worst)
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This is about the dumbest answer thus far. Do it the correct way and if he ***** you over then you take him to court. Right of the bat by not paying last month rent you are in the wrong. You rather be the plaintiff than the defendant.
 
Keko Jones said:
heLiumcLinton said:
This could go two ways, you could do it the right way or the wrong way.

You pay last month rent, leave the place spotless, document everything and wait 30 days for your security deposit.

You don't pay last month rent, you won't get a security deposit back, or he may take you to court to sue you for last month's rent and you could say you didn't get your security deposit back .. and he would have to prove that your caused a sufficient amount of damage to the apt.

If he's shady like you say, 9/10 he won't take it to court and just keep your deposit and maybe harass for $100 for "cleaning"

(my mom is a landlord .. tenants are the worst)
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This is about the dumbest answer thus far. Do it the correct way and if he ***** you over then you take him to court. Right of the bat by not paying last month rent you are in the wrong. You rather be the plaintiff than the defendant.
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This is the dumbest response thus far when my second sentence is the same exact thing you said to do :lol: NT love insults man I swear :smh:
 
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heLiumcLinton said:
This is the dumbest response thus far when my second sentence is the same exact thing you said to do :lol: NT love insults man I swear :smh:
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is not even remotely the same ... You adviced him to not pay the last month rent ... Then in turned the landlord will not give him the security deposit back and if there damages the landlord my sue and the burden is on him to prove it.

What kind of advice is that? Especially when your mother is a landlord.

The first option is the only option IMHO.
 
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Keko Jones said:
heLiumcLinton said:
This is the dumbest response thus far when my second sentence is the same exact thing you said to do :lol: NT love insults man I swear :smh:
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is not even remotely the same ... You adviced him to not pay the last month rent ... Then in turned the landlord will not give him the security deposit back and if there damages the landlord my sue and the burden is on him to prove it.

What kind of advice is that? Especially when your mother is a landlord.

The first option is the only option IMHO.
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I think homeboy is advising OP to do the right thing, aka pay the rent and document stuff (the 2nd sentence). But explaining what would happen if he does the wrong thing (the 3rd sentence).

I think the confusion came because he didn't specify which scenario was the "right way" and which was the "wrong way" that he mentioned in his first sentence.

When I read it I got the sense he was telling OP "this is the right way to do it" (implying that is the proper choice), then lets him know what you happen if he plays it another way, "the wrong way".
 
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RustyShackleford said:
I think homeboy is advising OP to do the right thing, aka pay the rent a document stuff (the 2nd sentence). But explaining what would happen if he does the wrong thing (the 3rd sentence).

I think the confusion came because he didn't specify which scenario was the "right way" and the "wrong way" that he mentioned in his first sentence.

When I read it I got the sense he was telling OP "this is the right way to do it" (implying that is the proper choice), then lets him know what you happen if he plays it another way, "the wrong way".
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yeah ... I used a poor choice of word by saying dumbest answer ... I personally wouldn't even bring stuff like that up as it gives people wrong ideas that they might actually try to explore.
 
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