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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 30180
Experience:  Attorney
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I am renting my apartment and i have been in the same

Customer Question

i am renting my apartment and i have been in the same building for 5 years. my lease is up in december and i have about 4 months in my security deposit. i am already late one month. i know that i am probably going to move out of the building. can i ask
them to use some of my security deposit to pay the rent? they did it once before for me since i had paid an enormous amount of security up front or should i give them a timeframe of how i can pay the rent due in installments or how should i handle the situation
since i am going through financial difficulties and i know that i will most definitely be leaving the apt. after my lease ends?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 2 years ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

What state are you in? How much is your monthly rent and your security deposit?

Customer: replied 2 years ago.
New York. Monthly rent is 3400. I have around 12000 in security. I had 20k but through the years they let me use some for rent. Thanks!
Expert:  Lucy, Esq. replied 2 years ago.
Thank you.
There is unfortunately no legal right to use a security deposit as last month's rent, or to cover missed rent payments during the tenancy. If you aren't able to pay the rent, the landlord can sue for eviction. This is because the security deposit serves two purposes - both to cover unpaid rent and compensate the landlord for any damage to the premises. They can't know if a tenant is going to cause damage until after they leave (accidents sometimes happen on moving day), so they can't be compelled to use the deposit early.
With that said, when your deposit so much higher than your rent, there's a good chance if you ask they'll let you use the deposit for at least some of it.
Also note that, if you wind up breaking the lease, you're responsible for paying rent until the end of the lease OR until a new tenant is found. So you may be able to find a new tenant to take over your lease and then move before December. That way, you'd get more of the deposit back.
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Customer: replied 2 years ago.
Thank you. If I call management, what should I say? I don't plan on breaking lease but leaving after lease ends in December. I'm just behind in payments
Expert:  Lucy, Esq. replied 2 years ago.
I'm afraid we're not able to give you specific language, as that would be providing legal advice in violation of state law. There isn't anything specific that needs to be said - all you can do is explain the situation and see what they say.