Using security deposit as rent for the last month of lease

it depends on the LL but since you already told them and they said no you cannot move forward and use the deposit...they probably won't do anything if you do but I wouldn't take that chance. A security deposit is for any damage done to the apartment..I'm sure your mail will be forwarded to you. Good luck

What kind of suggestions are you expecting? This is your problem, not the landlords. Do what you wish, the likelihood that you'll have a problem is on the lower side but non-existent. If you do use the deposit for last month and they have a legit or illegit claim against you for damage, they can bring suit and get a default judgment against you. Which won't be an issue until you return to the US.
But what does this mean that no one can deposit the check? Presumably you'll have a bank account where you are going (you might as well leave one open here for a bit) and you can cash it there, subject to exchange costs which can't be that big.

Listen, Hong Kong, GROW UP! "Their response is unacceptable" - gee, too bad; you cannot negotiate unilaterally. The security deposit is to assure the landlord that there are no excessive damages that YOU would be required to pay; if you pull your little stunt, I hope they do come after you. They will mail your check to the address that you furnish them. Are you going to be living in a tent in Mali? No, you'll be in Hong Kong, a world metropolis. I have a friend in Tokyo & I've sent him a check & he's sent me a check & guess what? The system works. So, don't be a big a$$hole & abide by the contract that YOU signed.

Geez, people!

I actually did that 17 years ago. I had heard from other residents who had moved out earlier that they had problems getting there security back even though their apartments had been left in near-perfect condition. After they threatened legal action, I called them and told them where they could reach me, and made it clear that I would write a check if there was any damage that needed repair. They may not have liked that, but they didn't pursue it any further.

How is the LL's response 'unacceptable'? It is YOU who are being unreasonable. The LL has every right to hold your security deposit until such time that he can verify and rectify any damage you might have caused to the unit. 45 days, while perhaps a tad longer than normal, is not unreasonable.

You MIGHT have been able to ask that he consider returning the check sooner, but since you've clearly created an unnecessary battle, complete with threats ('no hassles' you say? Not anymore), it's unlikely he'll be willing to work with you now. And yes, if you try to pull a stunt like refusing to pay your last month's rent, any legal action taken against you will remain on your record and make renting (and possibly even buying, if board approval is required) quite difficult in the future.

I agree with the other posters who wonder how, in this day and age, you seem to think a check cannot easily make its way to Hong Kong and into your bank account there. Seems like you're just looking for a reason to get you hackles up--unfortunately, this is one fight you won't win.

I'm with Spartacus on this one - I don't trust landlords/management companies based on the experiences I've had with them. Of course, generalizations are not the best, and I'm sure there are good landlords/management companies, though what's wrong with Spartacus's approach, especially if we take Hong Kong at their word re: there is no damage to the apartment? What about this idea: why couldn't they come out and assess the apartment the day you move out? Why does it take them 45 days? - I bet it's just bureaucratic BS to hold the money longer.

Funny - just noticed this thread (on the first page of discussions) - http://www.streeteasy.com/nyc/talk/discussion/10486-landlord-has-not-returned-deposit-after-7-weeks - anecdotal evidence of what I was writing about.

>>What about this idea: why couldn't they come out and assess the apartment the day you move out? Why does it take them 45 days?<<

It is unreasonable to expect mgmt to drop what they are doing to inspect an apartment precisely when the tenant walks out the door. That said, if the OP had tried to reason with them rather than bandying about words like 'unacceptable' and making threats, he might have been able to get mgmt to agree to do him a favor by putting this on the fast-track.

I would suggest using the deposit as your last month's rent. My brother got screwed by his LL over his deposit. My LL played stupid with me when I asked for my deposit back. She said, "oh, your deposit? I thought I already gave that back?" Yeah right.

If you are moving out of the country, what is the LL going to do to you? Nothing.

I agree that nothing can possibly happen - no judge will hear a case involving a tenant who has already moved out (unless there was severe damage.) HOWEVER - you have ZERO friends in NYC who can do a walk through with the landlord? Or who can deposit your check for you? How sad it must be to be so lonely.

we were screwed over by a landlord who simply thought he would get away with not giving us back our deposit-thought we wouldnt fight it b/c we had money, and would just take it as a loss and move on..we of course did fight it with an attorney and he was forced to return us the deposit. luckily, our attorney did it as a favor, no charge. so going forward, we never pay the last months rent, ever. we always pay our rent on time, and every landlord we have rented from, says the apt is in better condition when we leave than when we arrived. they certainly don't like what we do, but we refuse to be screwed over by some retard landlord. they cant and will not do anything as long as they have received payment and you have kept the apt in good condition. otherwise, they would incur legal fees, and what would be the point if they actually have your rent money? not saying it's the best way to handle things, but this is NYC, and you have to protect yourself.

The LL must stay what he is saying, (IE: Security is for damage to the apt and not
last months rent) there is no incentive for him/her not to say that but when it comes
down to it nothing will happen. I would just take pictures of the apartment before
you leave, confirming there is no damage.

There is no reason to let the LL hold your security if there is no damage,
no reason to risk their possible scummyness.

if you need a friend, for a small fee, i shall collect the check and forward what will be left to you.

and for a small minders fee I will ensure 007 keeps to his word

Just to clarify...I did this only because I had heard from several others that the landlord was keeping deposits for made-up repairs. It's not $500 to clean an oven. I have no reason to mistrust my current landlord, and do not plan to repeat this tactic. As for how long it takes them to return it...I have no problem making a little float money, as long as they're not stealing my deposit.

Just to clarify--as your best new friend, I shall take pictures of the mansion's rooms once you are out of the apartment. I shall use the date stamp on my camera. I shall store them until your landlord check will clear my(our) bank account. I must add charges for storage. It is an hourly charge which includes security deposit. Have a safe trip buddy!

hong kong: relax, deep breath, you entered into a contract, just as the landlord did. You already drew first blood by your actions. The proper course would have been the following. BE NICE, suggest a meeting at your apartment on move out day. Have it in perfect condition. As suggested, take a bazillion photos with landlord present and make them agree you are, (were) a wonderful tenant, they would write letters of recommendation for you and that your apt is in great condition. Additionally, security deposit would be forthcoming immediately. This is all you can do. If they choose not to refund in 45 days, you do have legal recourse. On the other hand, stop paying rent NOW. It takes time for them to throw you out, then on move out day, make the account whole, leave the Country and hope for the best.
BTW, I have on at least 5-6 occasion, changed these terms during the signup time to significantly alter the terms of lease termination. (most of these alterations have been on vacation properties). Remember a lease is simply a contract that both sides agree to, the amount of dumbass stuff that is in boilerplate leases is a joke. (I have seen leases that say tenant is responsible for snow removal). The battle is won or loss at lease signing, not termination.

Have questions of my own on a similar subject. My lease states that if I should have a claim against the landlord, it will have to be decided through arbitration. Should the landlord refuse to return my security deposit, can I still sue for the return? A second question is, if I decide not to pay last month's rent and have them use the security deposit instead, do they have a legal right to physically prevent me from moving, i.e. not allowing the moving company people into the building, locking the freight elevator, etc.? Finally, does anyone know anything about Yorkshire towers (305 E 86 St)? I moved here last year and the management personnel are slightly nicer than what I picture prison guards to be.

Very few people know the trick about not allowing use of the freight elevators. Your movers who must be allowed must be allowed to use the stairs.

I hate to admit that I did not pay my last month's rent but it was because my landlord was being difficult as well. I was vacating early and they said they would let me out of my lease provided they find a tenant. I found them a very credit worthy tenant (who did eventually get the apartment) and they did everything they could to prolong the process. There were no damages to the apartment but they did try to come after me anyway (for the extra month they were able to delay the subsequent tenant.) I sent them a certified letter on legal letterhead outlining precisely what had happened and told them that if I didn't hear back in 5 business days, I would consider the matter closed. I never heard back.

Btw, the best way to date pictures, is to have the front page of a major newspaper, clearly showing the date, in each shot.

Landlord has complete right to do what he wants, law says that the deposit has to be returned if only normal wear and tear, your lease likely says 45 days for return. I think that's the outside limit.

I know hundreds of people who have used their security deposit to stand in for their last month's rent, and nothing has ever happened to any of them. It's not economically sensible for a landlord to make a fuss when there is no gain and legal and filing costs.

Take pictures with day's newspaper as lo888 suggests no matter what you do.

Ive done it..dont pay the rent. just leave. they arent gonna return ur money

Security deposit is for any damages to your apartment while you had a lease there, it is not rent. If you were, as you say, a good tenant for 3 years, why leave on bad terms? You could have the sec dep wired to your bank if you're not able to receive it. I just don't think it's worth it, you may need a reference someday. Think about it if you were in their shoes.

Fact: People cause damage to apartments and buildings while moving out. So even if you were the best tenant ever for 10 years, your movers might still damage something in the apartment or the hallway.

oh, and your lease also says it can not be used. you know, that legal document you signed...

"your lease likely says 45 days for return. I think that's the outside limit."

No, its actually legally "a reasonable amount of time." Really. The housing courts in NYC have generally interpreted that as 60 days max. Believe me, i have consulted lawyers (plural) on this very specific point.

i used my sec deposit once as last month's rent--left 10 days early, told super, and observed they had begun gutting the apt the next day--sent letter indicating that, if anything, i was owed for the 9 last days of the lease based on the gutting having made the apt uninhabitable prio to the end of my lease--fortunately saved letter and supporting docs: 4 years late I get threatening mail from some scumbag "lawyer" seeking to collect back rent, interest and damages--i wrote a nasty letter back threatening to sue and especially to sue if there was ever any effect on my credit--end of story--they backed away--maoral: save all supporting docs---and btw this was some schock rental company---it was related

http://www.streeteasy.com/nyc/talk/discussion/4619-secty-depsit-charge-tenant-for-re-caulking-tub-bc-mold-