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Posted by Pat Seguin on January 11, 1999 at 21:53:41:

I'm moving out of my current apartment on Feb 6th and gave my landlady more than 30 days notice. However, knowing that I would never see my security deposit again, I told her in my letter than I wished to consider my security deposit as last month's rent. I've been on a month-to-month basis for a little over two years and the landlady is quoted telling the person downstairs that I'm the best tenant she ever had. In any case, I got an angry phone call today saying that she wanted the rent and that I would get my security deposit back when I move out. Being that my move-out date is only a few weeks away, I suspect she won't return my security deposit. I know there is a similar post but I just wanted a little more clarification on the matter. I believe I am legally justified in using MY money for the last month's rent. There is absolutely no damage to the apartment and she knows it because she inspected it less than a year ago when I considered moving. To me, it seems ludicrous to fork over $325 which would, theoretically, just be returned a few weeks later. Any opinions on this matter? Any lawyers possibly? Please e-mail me.

Follow Ups:

• Re: Security Deposit? DK 1/12/99 (1)
  • Re: Security Deposit? aka TAKE LOTS OF PIX'S landlord hater 1/12/99 (0)

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: I'm moving out of my current apartment on Feb 6th and gave my landlady more than 30 days notice. However, knowing that I would never see my security deposit again, I told her in my letter than I wished to consider my security deposit as last month's rent. I've been on a month-to-month basis for a little over two years and the landlady is quoted telling the person downstairs that I'm the best tenant she ever had. In any case, I got an angry phone call today saying that she wanted the rent and that I would get my security deposit back when I move out. Being that my move-out date is only a few weeks away, I suspect she won't return my security deposit. I know there is a similar post but I just wanted a little more clarification on the matter. I believe I am legally justified in using MY money for the last month's rent. There is absolutely no damage to the apartment and she knows it because she inspected it less than a year ago when I considered moving. To me, it seems ludicrous to fork over $325 which would, theoretically, just be returned a few weeks later. Any opinions on this matter? Any lawyers possibly? Please e-mail me.


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