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Can I pay last month's rent with Security Deposit?

Posted by Danny on February 13, 1998 at 00:40:16:

Dear knowledgable one,

I have asked my landlord to use my Security Deposit for last month's rent.
Now my landlord is suing me for Unlawful Detainer because I said to
use my Security Depoist to pay last month's rent. My lease says that the
Security Deposit can be used to pay "any unpaid rent".

So does this mean that I can tell the landlord to pay last month's rent
with the Security Deposit since the Security Deposit will cover the
last month's rent in full?

I am very concerned about this because Unlawful Detainer means that I am
going to Civil Court and that can be a lot more expensive than Small Claims.

Am I going to lose this one? Or was it ok to tell the landlord to pay last
month's rent with the Security Deposit?



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