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

Verified 25 August 2025 - Directorate of Legal and Administrative Information (Prime Minister)

No, the tenant must pay the full rent and charges to the landlord (or real estate agency) on the agreed date, until the end of the lease. It is forbidden to deduct from the last rent the amount security depositNo, it's illegal.

Consequently, if the tenant deducts the amount of the security deposit from the last rent:

  • The owner (or real estate agency) does not issue rent receipt. Note that the rent receipt is essential to receive a housing assistance.
  • The owner (or the real estate agency) can, without recourse to the judge, make a preservation the amount due to him on the bank account of the tenant.
  • The landlord (or real estate agency) can also ask the judge to order the tenant to pay him the unpaid rent and damages. For this, he must seize the protection litigation judge the court on which the rented accommodation depends.

FYI  

The security deposit is used to cover any shortcomings of the tenant (such as lack of maintenance of the dwelling). It must in principle be returned by the owner (or real estate agency) to the tenant after the end of the lease, and within a certain period.

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