What are immediate repercussions for using deposit as last months rent? Looking for work w/ 3 young children?

Question

yes i know it is illegal to use my depost as payment for last months rent. in the past i have rented 10 times, and in 5 of those, scum landlords either stiffed me for some, half or all of the deposit, when it was not deserved. so i would be stupid to give away money when i am certain (due to history with this landlord) that half, most or all of my deposit it will not be returned. due to an honest upbringing by my parents (who, by the way are both dying 2500 miles away and my family and i will be out of the rental for over a week during that final month) i do not feel good about doing this, but i dont want to just give my money away to another scuzzy landlord. SO, MY CONCERN HERE IS TO LEARN WHAT THE LANDLORD CAN DO WHILE I'M AWAY FROM HIS HOUSE (my home)? for what its worth the neighbors love us and despise landlord. i might write a letter explaining the situation (parents dying, 3 young kids and unemployed teacher) to the landlord and also the realtor who made the lease agreement. Thx

Answer 1

From the landlord's point of view you aren't 'using your security deposit as the last month's rent' you are "not paying".  

The landlord would need to serve you with a 3-day pay or quit notice and when you didn't do either one of these they can try to get you to court to evict you ASAP.  They probably can't swing it in a month, but they could try.  

Legally, they CANNOT lock you out of the apartment.  CANNOT.  While I don't advocate what you are doing, I don't blame you either.  

good luck!

Answer 2

If you fail to pay the last months rent, the landlord can either file for eviction per your state's laws or sue you in Small Claims court.