Plus Months Pet

Can I use my security deposit towards the last months rent?

I currently rent my apartment on a month to month basis. I pay $600 for rent. My security deposit was $600 plus $300 pet security for a total of $900. I'm going to move out October 1st. I want to use my security deposit for my last months rent because my landlord never gives anybody their deposits back. My neighbor moved out last month and the landlord didn't give her 1 cent of her deposit back. I know for a fact that her apartment was in great condition. The landlord just came up with a bunch of lame excuses why she didn't give her any of her money back like( carpet cleaning, nail holes in walls from hanging pics and general cleaning) I saw my neighbors apartment so I know that it was clean when she moved out. I don't want this to happen to me. Can I use my security deposit to pay my last months rent. I don't want to lose an entire $900 because of a greedy landlord. Please can anyone help me with this?

No, you cannot use the security deposit in place of the last months rent. Most states have a law specifically stating so.

If you fail to pay the last months rent, the landlord can begin the eviction process and hold you liable for the court costs and attorney's fee.

Your best option is to protect yourself and take detailed pictures upon move out to prove condition.

If the landlord makes deductions and you disagree with them, you then send a certified return receipt requested letter disputing the charges and demanding the return of your deposit.

If the landlord does not return the disputed amount, you then file in Small Claims court. It is fairly inexpensive to file a Small Claims case and if you win, the landlord will be ordered to pay the court costs as part of the judgment.

You will each get a chance to present your case and the judge decides based on the evidence presented.