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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33766
Experience:  Attorney for over 15 years, landlord 26 years
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My landlord put a 1650$ non-refundable deposit on my lease

Customer Question

My landlord put a 1650$ non-refundable deposit on my lease agreement. I was new to the state of Hawaii, and desperate for an apartment when i signed it. It says I can't use it as my last month's rent, but in 25 yrs of renting, I've never come across this. Do I have any options? I'm moving out this month, but can't afford to pay the full month rent in 5 days from now... Im confused..
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Kihei,Maui Hawaii
JA: Has anything been filed or reported?
Customer: no. I haven't given notice yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I've been a very good tenant, no damages to property at all.. Just had a roommate leave me w all the rent to pay, now I have to leave. I would like to know if I have any options for my next 30 days?
Submitted: 26 days ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 26 days 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.

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The non refundable part about the deposit would not be enforceable as all security deposits are refundable assuming that there are no damages to the property and no delinquent rent or fees due.

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As for using it for last month 's rent, that is not allowed unless the landlord agrees because the purpose of a security deposit (i.e. damage deposit) is to give the landlord a cushion of funds to use if the tenant causes actual damages to the property or leaves owing fees or rent. It is not last month's rent and can't be used for that absent specific approval from the landlord.

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So if a tenant is unable to pay the rent, then the landlord will be able to give the tenant a 5 day written notice to pay or vacate and then evict through the courts if the rent is not paid.

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That is, of course, unless the landlord agrees to allow the deposit to be applied towards last month's rent.

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thanks

Barrister

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