Can the security deposit be used to pay the last month's rent?

Verified 06 April 2023 - Directorate for Legal and Administrative Information (Prime Minister)

No, the tenant must pay the entire rent and charges to the landlord (or real estate agency) on the agreed date, until the end of the lease. He is prohibited from deducting from the last rent the amount of the security deposit paid to the owner. It's illegal.

Therefore, if the tenant deducts from the last rent the amount of the security deposit:

  • The owner does not issue him a rent receipt (rent receipt is required to receive housing assistance).
  • The landlord can, without recourse to the judge, make a preservation of the amount due to him in the bank account of the tenant.
  • The landlord can also ask the judge to order the tenant to pay the unpaid rent, and damages.
    To do so, it must seize the protection litigation judge the court on which the rental unit depends.

FYI  

The security deposit is used to cover any shortcomings of the tenant (such as lack of maintenance of the dwelling). It must in principle be returned by the landlord to the tenant after the end of the lease, and in a certain delay.

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