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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35335
Experience:  Attorney over 16 years, landlord 26 years
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Is there a law against using the security deposit BEFORE a

Customer Question

is there a law against using the security deposit BEFORE a renter moves out?
Also my landlord is charging an extra $100 under that under the table after receiving section 8 assistance from HUD. Is this legal??
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 10 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..is there a law against using the security deposit BEFORE a renter moves out?.No there is no law that prevents a landlord from agreeing to use the security deposit before a tenancy ends. But there is no legal right that a tenant has to force a landlord to use it because a security deposit is typically used for actual damages, late fees, cleaning, and delinquent rent after a tenancy ends. .But if the landlord agrees to allow the tenant to use it for rent or something else, there is nothing illegal about that..As for charging additional rent over and above the reported rent, yes, that is a violation under HUD regulations as a landlord is only legally allowed to charge the amount of rent on the HAP contract. This could get the landlord kicked out of the Sec 8 program if this was discovered. However, the tenant could also get in trouble because they were a participant in this scheme as well and could get their voucher pulled because they should have notified HUD as soon as the landlord tried to charge more under the table..As an aside, in addition to being an attorney, I have also been a landlord for over 26 years....thanksBarrister