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Using security deposit as last month rent

As per our lease agreement, we provided our landlord with a refundable "security deposit" which is used "to assure payment or performance under lease agreement. It does not include a reasonable charge for redecorating or cleaning. Separately we provided a non-refundable cleaning deposit as well as pet fee. Our landlord hasn't been on top of things, so I'd much rather not deal with waiting for him to refund our money, and instead use the Security deposit as last month rent. Is this legal in AZ? Would he consider our last month rent late if we don't send him a check?
  • May 25 2013 - Phoenix
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Answers (2)

What does your lease state?  If the rent is due on a monthly basis then you will need to pay the last months rent.
  • May 25 2013
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Profile picture for wetdawgs
Read your lease carefully.  If the security deposit is called "last month's rent" in your lease, then you can do what you propose.  Otherwise, pay your last month's rent.   Here's a link to the Arizona Landlord tenant act

Normally a security deposit is to cover damages above and beyond normal wear and tear that are not covered by the nonrefundable cleaning fee and pet fee.  Therefore, a security deposit is only returned after the tenant is moved out fully, a walk through has been done to assess condition of the unit and repair costs tallied.     Make sure you walk through with the landlord to assess the condition of the unit, document carefully.   Use the checklist you completed when you moved in.
  • May 25 2013
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