Rental Return Policy

Last Month Rent Policy

As a tenant, can I use the security deposit to pay the last month rent in California?

Answer:

No, California law does not allow tenants to use their security deposit to pay the last month's rent. Tenants must pay the last month's rent when it's due. However, tenants can use their security deposit as the last month's rent if their lease or other writing specifically notes it as such. If the landlord tells the tenant they can use their deposit for the last month's rent when they enter the lease, it should be designated that way on the receipt or in the lease before signing.

Tenants also cannot withhold payment to force the landlord to deduct the last month's rent from the security deposit unless the landlord authorizes it in writing. 

Security deposits in California can only be used for certain items, and cannot be used for other costs, such as: damages that were already there when the tenant moved in, unreasonable or unnecessary expenses, and ordinary wear and tear. 

Assembly Bill 12 (AB12), which limits security deposits in California to one month's rent, goes into effect on July 1, 2024.

Refund of Security Deposit Policy

• California 21 days

• Utah 30 days

• Nevada 30 days

• Texas 30 days

• Oklahoma 45 days