Can I tell the land lord to keep the security deposit instead of paying my last rent installment?

I'm moving out of my apartment after living here for 7 and a half years. I started out with a lease, but I haven't had one in two years. I've always paid my rent on time and hardly ever called the land lord with issues, partly because the land lord is not a very nice woman. I was wondering if it is "legal" to not pay my last months rent and instead tell my land lord to keep my security deposit instead, which is three hundered more than my rent for the last month. The apartment is in good condition, but knowing my land lord, she will find any excuse to not give my security deposit back. So, instead of paying her last months rent, I figured why not let her just keep the security deposit.|||It's something you'd have to work out with her.





Technically speaking, you don't have a lease anymore so you're not bound by a contract. Therefore, if she were to disagree with you and try to take you to court then the odds are in your favor.





I was in a similar situation a couple months ago, and I did the exact same thing. My landlord kept my security deposit and I just didn't pay the last month's rent. For me, it broke even. For you, it sounds like an even better deal for your landlord since the deposit was more than your rent.





I think if you bring up this scenario to her, she'd agree to the idea. If not, mention the fact that you don't technically have a lease. It might scare her into agreeing with you :)





Good luck!|||You really need to be very careful, these are 2 separate entities and she can still go after you for the rent even if you agree to the security deposit.





You need to get everything in writing, with her signature and yours, if you don't have a lease so your month to month and have to give her 30 days, that's it. Do the walk through with her and bring a video camera to show everything is ok. She has the burden of proving it's not, tricky situation but protect yourself.|||I am not sure how that would work because legally your landlord should have put your security deposit in escrow. I am not really sure what the tax implications are on her if she keeps the security deposit, if any.





I would personally pay the rent, take dated photos before I left, and get try my deposit back. At the very least, request the $300 extra back...why fork it over for nothing?|||NO! DEPOSIT IS NOT RENT, PEOPLE!!! It is illegal to use the deposit as rent without prior approval from the landlord. If they do not agree to it you CANNOT force them!





It does not matter if you do not think she will not give it back. If it is in good shape and she tries to illegally keep your deposit then you must take her to court.|||Wow...what bad advice from prior posters.





Bottom line is that is illegal to use your deposit as rent without permission from the landlord. Pulling such a stunt can land you in court. You can be sued for past due rent, late fees, attorney fees and court costs. You will also end up with an eviction judgment on your credit report and court records.|||Yes you can , and by law your landlord can not ask for a deposit that is more than the last months rent. I suggest you ask for the remaining money owed to you. If he does not pay you , take him to court. You will win !|||not exactly legal but seems like good idea. then all you have at risk is $300.|||I do not recommend it. Once your rent is late you will no longer be in good standing with her. What if the next place you move checks referrals? You have many rights when it comes to security deposit return. They are required to mail out your deposit within 21 days of your move. You can request a walk through with her to get an idea of what she is thinking needs cleaning and do the best you can yourself. If she deducts for cleaning, painting, etc. she must provide you with an invoice for exactly what was done and what you are being charged for. For the length of time that you have lived there much normal wear and tear it to be expected. Therefor, you should not be charged for replacement of carpet, blinds, or painting because it is implied that those would need replacing after the duration of your stay and that is the owner's responsibility as general property upkeep.


The land lord may not be nice, but if you are a renter in good standing, why punk out and run away in the end. It is time you grow up and deal with all people, not just the nice easy ones.





Amanda: once the specified length of a lease has expired there is typically a clause in the rental agreement which states that thereafter the lease becomes month to month. No new document or signatures is needed to make that legally binding.