Posted by Mark Smith on September 19, 2000 at 07:52:58:
In Reply to: Re: help posted by Kerry on September 19, 2000 at 02:18:48:
The landlord can use the security deposit for any damages and for unpaid rent.
When was the apartment last painted by the landlord? If it was more than three years ago, I can't see much of a claim for painting by the landlord. If it was painted less than three years ago, there might still be no legitimate claim for painting, unless the tenant caused damages which would require extra coats of paint and extra plastering.
The tenant should call the landlord's attorneys and offer to pay one month's rent (June). The security deposit should be used for April. It's odd that the landlord didn't apply the May payment to April, and that the landlord isn't asking any rent for July.
: Well, you should never assume that you can just use your security deposit as your last months rent, particularly without an agreement with the landlord. Rent is rent and security is security, never shall the two meet. (Somebody here put it that way. :-) ) The reason for the security deposit is to protect the landlord against damage to the apartment. You can't just use that up, particularly before an apartment has been inspected. I believe they have a case against you. I would pay them the rent owed, fight the painting bill, and then try and get your security deposit back.
: I hope they don't become a pain in the butt.
: Good Luck
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