CAN SECURITY DEPOSITS BE USED TO PAY OUTSTANDING RENT? .

Maawu has been trying to keep up with his rent payments for the last 11 months. However last month became difficult. His 2-month-old daughter got sick, and he channeled the money to treatment. After 3 nights at the hospital, Maawu went home to change and found a big padlock on his door. The landlord told him that he had missed his payment on 25th so he was no longer welcome to use the house. Maawu was shocked since he knew that he still had security deposit paid and there was no need to kick him out like that. He wants to know if he can be kicked out if there is still security deposit fee that is unused.

WHAT DOES THE LAW SAY?

Security deposit is that money that the landlord asks a tenant to give to cover repairs, rent arrears and outstanding payments in case the tenant fails to pay them at the time of eviction or end of the tenancy. This is usually equal to one month’s rent.

CAN I BE EVICTED EVEN WHEN THERE IS A SECURITY DEPOSIT?

Yes, you can be evicted from the house for not meeting your rent obligations. However, the landlord may be acting unlawfully to immediately evict you when there is still an amount equal to a month’s rent.

This means that if the rent is unpaid at a time, the landlord can use this money as rent and choose to give a notice to the tenant to leave the premises at the end of the time given.

#BarefootLaw

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