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Can the security deposit be used to pay the last month's rent?

Verified 06 April 2023 - Legal and Administrative Information Directorate (Prime Minister)

No, the tenant must pay the rent and charges to the landlord (or real estate agency) on the agreed date, until the end of the lease.

The security deposit is used to cover any shortcomings of the tenant (such as lack of maintenance of the dwelling).

The security deposit must in principle be returned by the landlord to the tenant after the end of the lease, and in a certain delay.

Therefore, the security deposit does not replace the payment of the last rent.

It is illegal to deduct the amount of the security deposit paid to the owner.

The tenant who would deduct the amount of the security deposit from the last rent cannot obtain a rent receipt from the owner.

FYI  

rent receipt is required to obtain housing assistance.

In addition, the landlord could, without recourse to the judge, make a preservation the amount due to the tenant's bank account.

The landlord could also ask the judge to order the tenant to pay him the unpaid rent, and damages. To do so, it should seize the protection litigation judge the court on which the rental unit depends.

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

    The informants who answer you belong to the ministry in charge of housing and city planning.

    Cost: free service

    Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.

    The service is available at the following times:

    • Monday: 8.30am to 5.30pm
    • Tuesday: 8:30 to 12:15
    • Wednesday: 8:30 to 12:15
    • Thursday: 8.30am to 5.30pm
    • Friday: 1 p.m. to 4:15 p.m

  • Departmental Agency for Housing Information (Adil)