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Real Property • Landlord-Tenant
PROP#076
Legal Definition
The tenant has a duty to pay rent. If the lease ends before the agreed-upon date, the tenant must pay proportionate rent. A landlord cannot retain the security deposit beyond actual damages, although a deposit called a bonus can be retained. If the tenant surrenders the property to the landlord, the duty to pay rent ends.
Plain English Explanation
Obviously, a tenant has an obligation to pay their rent.
Under common law, the rent agreed upon for the term is due in full. However, most states have passed laws that make rent accrue daily. In other words, in scenarios where a lease terminates early, the tenant need not pay rent for the full term. Rather, they owe rent for the days prior to termination.
Additionally, security deposits are commonly misunderstood. They are not an insurance policy to act as a backup in case a tenant does not pay, and a landlord can't dip into them to offset lack of payment from a tenant. Security deposits are only applicable to whatever terms they are accepted under. In other words, most security deposits are only available to landlords in case of damage to the property, and the law will enforce this restriction. Even if the tenant owes money to the landlord for other issues, the landlord must bring a separate civil claim and not simply use the security deposit they possess.
Under common law, the rent agreed upon for the term is due in full. However, most states have passed laws that make rent accrue daily. In other words, in scenarios where a lease terminates early, the tenant need not pay rent for the full term. Rather, they owe rent for the days prior to termination.
Additionally, security deposits are commonly misunderstood. They are not an insurance policy to act as a backup in case a tenant does not pay, and a landlord can't dip into them to offset lack of payment from a tenant. Security deposits are only applicable to whatever terms they are accepted under. In other words, most security deposits are only available to landlords in case of damage to the property, and the law will enforce this restriction. Even if the tenant owes money to the landlord for other issues, the landlord must bring a separate civil claim and not simply use the security deposit they possess.
Hypothetical
Hypo 1: Amy rents an apartment from Bob for $500 per month and signs a lease for 6 months. She pays a security deposit of $500 to offset the cost of any damage to the apartment. After 5 months, Amy is no longer able to pay Bob for rent. Amy moves out at the end of the 6th month and leaves the apartment in perfect condition. Bob decides to keep Amy's security deposit to cover the month of rent she owes him. Result: Bob is not allowed to do this. Security deposits are sacred. Here, because Amy returned the apartment in perfect condition, Bob must return her $500 security deposit even though Amy owes him $500 for rent. Amy must voluntarily choose to give Bob the money he is owed, or Bob must ask a court to force Amy to pay.
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