Use of Security Deposit for rent

[Scott LaFountain]

I have been renting a single family house for close to 3 years. Due to being in the military my original written lease was for two years in conjunction with my military orders. I extended onboard at my current command and advised my Landlord that I would like to remain in the house and we verbally agreed upon a month to month lease. At the same time my Landlord advised me that he was raising my rent by $600.00 to a total of $2,400.00 a month. He also advised that my last month's rent would only be $600.00 and he would use the Security Deposit to cover the rest. We both agreed to the terms in which he proposed. Two weeks ago I advised my Landlord that I would be terminating my lease on 31 May 2011 due to receiving military orders to PCS. Today (01 May 2011), when I went to pay my rent in the sum of $600.00, my Landlord advised me that I would need to pay the full rent amount of $2,400.00 because he has a mortage to pay. I know he has financial problems because debt collectors are calling my house which concerns me because I don't know if I will receive my Security Deposit back when I leave. He did not take the rent check when I tried to hand it to him. What course of action can I take or what course of action should I take?

[J Scott]

Do you have it in writing that the security deposit would be used towards your last month's rent?

Unfortunately, if not, you probably don't have much legal ground to stand on here (though I'm certainly not an attorney). Unless the landlord would admit he had a verbal contract to the contrary, the landlord has a right to hold the security deposit until you move you to ensure that the unit is left is good condition.

Most likely, your lease should cover the details of how the SD can be used and when it needs to be returned. If no lease, then there are probably pretty clear state/local laws that dictate the use of the SD. But, I don't think any situation would warrant the landlord having to use the SD for the last month's rent.

My suggestion is to review your lease if you have one, and to get familiar with landlord/tenant laws in your state/locality. If you don't get the deposit back (for any reason that's not legitimate), you'll likely have to sue. Unfortunately, if he doesn't have any money, that may not get you much, but my guess is that it's your best option.