Need to know

[new guy]

curious to see if anyone knows the law when it comes to rent and the security deposit. I would like to know if anyone knows if the rent can be paid from the security deposit to avoid eviction.

[lookin4delz]

I don't know the law but putting myself in the landlords shoes I'd say probably not. They usually give it back when the tenant moves out as long as the place isn't trashed. It is their security incase the tenant wrecks things in the house, apt etc. HTH

[bluediamond]

I think the laws change from state to state, but I would assume that you cannot use the security deposit to pay rent. If you could, then what would be the incentive for the tenant to take good care of the property if there wasn't the possibility of the security deposit not being returned.

[phoenix_risin]

Seriously doubtful. if they allowed that it would mean they have nothing in case of damage later when you move.

If you are having issues paying rent though it does in fact take a little while in most states to actually evict as long as you are trying to make things work go to court and talk to the judge on the day they give in the summons. It usually takes like 35 to 45 days to evict in most states.
Also most every state offers programs and organizations that will assist you with paying rent.
Social Services, Religious groups, community service agencies, Home less advocate groups, Churches.
You may try to visit them and make sure to get some thing in writing this way If in fact you do not get help and end up in front of the judge you can show you are trying to find a way. Offer as much of it as you can and see what the judge says and will do to help.

Good Luck

[blissfultrotter]

You know what I think? I suggest you read the lease contract. Of course there is a law about it, but if you wan to spare your self from all that research and asking.

[sharintheluv]

You can not use the security deposit as rent that stays where it is in case as said they need to repair etc when you move.

if you need help with your rent if you take your eviction notice to Social Services or to a local Church they will help you pay the rent
Also be sure to contact BEFORE court date and talk with landlord. Let them know what happened and you are seeking rental assistance they may even have some names of places local to you that will help.

It takes 30 to 60 days in Maryland to finally get someone evicted for non payment of rent.


Good luck there are programs that will help so do some Google searches for your county and state for rental assistance.

[jones10021]

I don't think the tenant cant use his deposit to pay for rent. In my state the landlord can take a check for the deposit and never actually cash it, only if some damage was done to the apartment. If the place is in good condition at the end of the lease, he'd return the check. Here you have to pay first month and last month's rent up front as well as a deposit and a realtor's fee if you found apartment through an agency.