Should I skip my last month's rent and call it my security deposit?

Question

I rent an apartment from a large, evil company in Chicago, and I'm moving out at the end of August. When we moved into the apartment, it was a total wreck -- it hadn't been cleaned and there was all kinds of junk from the previous tenants that we were forced to remove ourselves. I wrote the company a letter detailing everything that was wrong with the apartment, but we were never compensated. This is only the beginning of a long list of complaints against this company that eagerly twists every last cent from their tenants, so I feel justified in withholding my last month's rent as my security deposit, which I am sure I would not get back despite the fact that the apartment is in much better condition than it was when we moved in. I'm an honest person, though, so I'm nervous about doing this. Can anything bad happen to me? Will this affect my credit? I would just as soon avoid the hassle of arguing for my security deposit, which I deserve entirely.

Answer 1

Your security deposit cannot be used for rent. It’s for the company to clean up and make repairs to your unit. Yeah, yeah, they might not, but you can’t make that choice for them. You have to pay your rent or they will at minimum report you to the credit bureaus.

Answer 2

If they are a big company they are more likely to report you to credit bureaus, etc.  

They can make life pretty uncomfortable for the next month by giving you a 3-day pay or quit notice and bringing you to eviction proceedings as quickly as possible.  

You also wouldn't be able to use them as references for anything, ever.  

I know you would feel justified, but a court wouldn't see it that way.

good luck!

Answer 3

You cannot use your security deposit to pay last month's rent.  The security deposit is there to pay for damages to the apartment caused by tenants.  If you don't pay last month's rent, they can sue you in small claims court and/or put in on your credit report.

But the landlord/property manager is required to give you back any part of your security deposit not used within 30 days of the end of your lease.  They should also give you an itemized list of where the money was spent and receipts if you don't receive your entire deposit back.

Answer 4

"large, evil company in Chicago"  tends to play hard ball.

What will happen is they will sue you for the rent and you it will show up as a non-payment of rent on your credit report, ie EVICTION.

This will follow you for years and make renting hard, and possibly keep you from some jobs.

I love how "I'm an honest person" and you plan on doing something seriously dishonest.   You are not worried about honesty, you are worried about repercussions of dishonesty.

You might feel justified, but what you are talking about is illegal and no judge will care about your excuses for breaking the law.

Answer 5

The big, bad company will evict you and you will lose--your defense is no defense.  You will have a court judgment against you and a big, black mark on your credit record.

Answer 6

Unfortunately, the reason they get away with it is that they are a large, evil company.

I hope you kept records of all your communications with them while you were there.  And be sure to take pics of the condition of the place when you leave and do a walk through.

After that, they only have a certain amount of time to return your deposit and they have to list any deductions if they make them.  Therefore, the need for records and pics.

As for not paying rent, sorry, it doesn't work that way.  You don't pay, you breach, you breach...they are right...you lose.

I know it's not fair.  But if you are concerned about your credit and doing the right thing, you have to do it the right way.

And I agree with you, it's not fair.

If they refuse to pay your deposit back , and you really feel entitled to it -depending on the amount - seek assistance from small claims court.

Best of luck.