Legal Question in Real Estate Law in California

may I apply my security deposit to the last month's rent on a commercial suite that I have been renting for over 14 years. I am concerned because the landlord who is a lawyer has not been very courteous to me and I have been an excellent tenant.

He wanted to raise the rent $1500 per month during these hard times ! Moving to a smaller location and he is really upset about me leaving.


Asked on 2/22/10, 10:26 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If he is a lawyer and already upset with you, I'd think twice before failing to pay the last month's rent when due, even though it will (?) be covered by the security deposit. Your lease probably requires payment of rent in advance on a certain day of the month, and also calls for the security deposit to be maintained throughout the term of the lease, and what you are proposing to do would be a breach of both lease terms. Once in a rare while we find a lease that specifically allows the security deposit to be applied to last month's rent by the tenant, but that is rare and contrary to the main purpose of a security deposit - to insure that post-surrender charges such as cleaning and tenant-responsibility repairs will be paid.

In your circumstances, the best advice is to adhere very strictly to the agreement terms; I'd also recommend a joint inspection with camera on the day you vacate and hand over the keys.

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Answered on 2/28/10, 8:16 pm


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