Pay last months rent or tell landlord to keep security deposit?

Question

I live in NY and recently purchased a townhouse. I have been renting from my landlord for the past 5 years and have never and I mean never been late on a payment. I have been on a month to month lease for the past 4 years after the 1 year lease expired. With the purchase of my new home financially I would be better for me to use the money I would've spent for last months rent on my new home(selfish I know). The only damage to the apartment is a small hole in the wall which I will patch up before I leave and one of the glass windows(apartment still has glass windows...wow) is cracked and I thought about giving her some additional money to cover the cost of the glass window. I looked at a copy of the original lease and nowhere in it did it state that the security deposit cannot be used for last months rent. I dont need my landlord as a reference since I'm a homeowner now.....what do you guys think?

Answer 1

The security deposit is generally specifically NOT to be used as last months rent without the expressed approval of yur landlord. Ask him.

Answer 2

It doesn't have to state that the security deposit can't be used as last months rent.  They are complete and separate fees.  Sorry, but you have ot pay your last month's rent, and wait on a return of the security deposit.  You can talk to your landlord and see if he will accept it, but don't expect him to.  He doesn't have to, and legally you will be avoiding your obligation if you don't pay it.

As dumb as it sounds, take pictures of all damage, and all non-damaged items before you hand your keys back.  That way if he tries to keep money from your security deposit for repairs, you have proof.  But after 5 years, expect to lose some of it.

Answer 3

I think you need to pay your last month's rent and wait for return of your security deposit in a normal fashion, after you vacate the premises.  Your lease does not need to indicate that you cannot use your security deposit for last month's rent.  By DEFINITION, it is a security deposit.  Check New York State statutes on the legal definition of a security deposit and its possible uses.

Answer 4

You got some great advice from the other posters.  Just let me add one thing.

If you think the landlord is in violation of some codes...that alone does not prohibit the landlord from pursuing you in small claims court.  If you attempt to use the deposit as last months rent, which is illegal in NYS, your landlord can sue you.  If she obtains a judgment, it will go on your credit report and she can place a lien on your new home.  

Answer 5

From a legal standpoint you do need to pay the last month's rent. A legal action may be started and late fees accessed, but in the end it will be deducted from your security deposit.

The landlord can affect your credit rating, but it is unlikely she will report it to a credit bureau. Why not just buy what you need for the townhouse via credit card and pay it when you get your security deposit back? Another approach may be to discuss your intentions with the landlord, if you have been a great tenant and there is minimal damage she may let you slide on the rent.

Good luck.