Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I am in San Bernardino County, CA. I have been a tenant for 31 years in this particular unit. When I rented it in 1984, I paid my first and last months rent. Now that I am moving, I am being told by the owners that this is a deposit and not my last month’s rent. Can you tell me who is correct. I have an accounting reference referencing my last month rent.
The bad news is that, under California law, your landlord is correct. Any amount paid (other than rent) is treated as a deposit, and under most rental agreements (check yours) the tenant does not have the option to use a deposit for the last month’s rent.
The good news is that, if your unit does not require any repairs or cleaning (beyond reasonable wear & tear), you will get the deposit back. It’s a good idea to schedule an “initial inspection” with the landlord before you move out, so you will be aware of any items the landlord thinks will be a deduction against your deposit.
