Deposit to pro-rate last month rent?

Question

I'm moving out of my current house, (my roommates are staying, but I am not). Money is too tight for me to not ask the landlord to use my deposit as my last month's rent. Fortunately, I will only occupy the room for 5 days of the last month, so it shouldn't be a problem. I just wanted to make sure that this was a legitimate thing to do (I'm in California), as there isn't anything in my rental contract saying I can't do so. Since rent is $660, I did the math and ended up with $22/day so I'd get back $550. Then I took out another $35 (cost of a rug doctor and fluids to clean the carpet) and $10 (cost of a tub of spackle to cover the pushpin holes and a scratch I put in the ceiling). So do I just send a letter asking to use my deposit for the 5 day's rent and saying I expect a deposit return of $505? There literally are NO other things that are damaged.

Answer 1

Check your lease and the laws in your area, but you should probably talk to the landlord before just sending this letter. They may have a specific cleaning service they use that may cost different than your estimates, and also keep in mind that your security deposit is probably in an interest-bearing savings account that may take time for them to withdraw the money from. Therefore I strongly suggest that if at all possible, you pay the rent out of pocket, and then you will get back the security deposit plus whatever interest it earned.  

Answer 2

According to the state of California, you can't insist your landlord use your deposit as last months rent (refer to the first link below).  Still, it's worth talking to your landlord to see if he's willing to accept it...I've had good luck in the past with this.  If you haven't gotten along well (or if he's an unreasonable person), you should probably just pay it and wait for the deposit refund.

As for your estimate of $45 for cleaning expenses, you might be fine if the landlord is doing the work himself, but most likely he's going to pay someone to do it, and the cost will be higher than your estimate.  (what he can deduct is shown in link #2 below).

My suggestion is fix the holes & scratch, then meet with the landlord to do an initial inspection (halfway down the page on link #2) to see what else he thinks needs to be done.  It will avoid any surprises.  I'd also strongly recommend you print that page and include it with your request for the inspection.  He may not be aware that it's an option, and you're telling him you're aware of what your rights are.

If you leave anything for him to do, expect that he will deduct at least the minimum he's not required to itemize ($126).  

In California, I've always gotten my full deposit back.  Good luck!

Answer 3

You should write a letter to your landlord to inform them that you will be moving out. Generally  a 30 day notice is needed. It is more to cover yourself, than to ask for your deposit back. It has to inform your landlord that you are moving out, what date, and that you are opting out of your lease, etc. This way he/she has it in writing, so if anything happens after you leave you cannot be held liable. Say for instance you roommates don't pay the rent and they get sent to collections, they cant force you to pay because you opted out of the lease.

As far as your deposit, you have to check with your landlord to see whether they will accept part of your deposit as your last months rent. That varies at different companies, owner/landlords.

The amount of your deposit that you will get back is not negotiable on your part. It will be determined by the landlord. Request at least 2 weeks in advance that your final inspection be done. There you will be informed of the conditions of your living space, what needs to be fixed and so on. Then you have the option of fixing it yourself, or letting them do it, and take it from your deposit. There will be one more inspection the day you turn in your keys, that is the inspection that determines how much you get back.

As far as Proration, you are to pay for everyday you are there till the day you turn in the keys. So if you move out, but dont turn the keys in, they can still legally charge you rent. Turn in your keys to the landlord as soon as you move out.

Answer 4

Having been a landlord I can tell you that what you are asking is for the landlord to break his own rental agreement which he would be a fool to do.

First off you can't prorate your last month's rent.  You rent the room in chunks of one month at a time and not day by day.  So by staying 5 days into the last month you are obligating yourself to pay a full month's rent.

Next you are claiming $45 for cleaning and repairs.  That is extraordinarily low.  Your idea of cleaning and repairs probably will not match the landlord's.  A scratch in the ceiling?  How about the cost of painting the ceiling after the repair is made?  I notice that you did not include any charges in your figures for labor.  Is somebody going to do this labor for free?

You had better rethink your figures.

Answer 5

Depends on the landlord.  It will likely be easier to just pay the 5 days rent and get your full deposit back.

Answer 6

It is not up to you, the tenant, to decide what damages there are.  

You can ask the landlord to use the deposit...but under the laws of California...he is not obligated to do so.

Also, if you and your roomates are on one lease, your deposit will not be returned until all tenants have vacated.  

One more thing...if you failed to give proper notice to vacate or you are still in a lease...you will not get your deposit back at all.

Answer 7

This juggling of days and dollars won't interest the landlord in the least unless you convince him to approve it. The lease is between you and your roommates as a single entity ("jointly and severally" - read the lease) and the landlord. It is a two-sided agreement only.

Your lease obligates you to pay rent until the landlord releases you. He may legitimately refuse.