Our landlord stated that b/c we broke a 2 year lease we are not liable to recieve our deposit back but it doesn't state that anywhere in our lease or the guidelines. The lease only requires that we pay our vacancy fee and we already did that. Please help!
2006-12-10 09:58:08 · 7 answers · asked by princesslola4u 1 in Business & Finance ➔ Renting & Real Estate
If you are Canadian check the landlord/tenant act and see what is what!~
2006-12-10 10:02:38 · answer #1 · answered by Gone fishin' 7 · 0⤊ 1⤋
If you are referring to a fee that you pay in order to break the lease, stated in the lease, then your landlord has to return your deposit (assuming you left the apartment without damage or debris). Take the landlord to small claims court, it sounds like he needs a lesson in real estate law.
But if you are simply referring to the "rent" while the apartment was vacant, then say bye bye to your deposit. Landlords usually have expenses to prep apartments to be rented again, not to mention advertising expenses and their own effort to show the apartment to prospective tenants. All of these things wouldn't be necessary until the end of the agreement you broke.
Paying the rent for the time the apartment was vacant only relieves you from paying the full term of the lease (so the landlord can't sue you).
2006-12-10 10:18:45 · answer #2 · answered by linkus86 7 · 0⤊ 0⤋
If you've read the lease and it states that you only have to pay the vacancy fee then he must return your deposit. If he disagrees ask him to show you where it says that he doesn't have to return your deposit. When he can't, ask for the money. If he refuses, tell him that you will be contacting your lawyer and setting a court-date should he not return your deposit within the next 7 days. Let him know that you are being very generous by giving him time to reconsider this mistake. That should be enough to get it back.
2006-12-10 10:06:05 · answer #3 · answered by dancing_in_the_hail 4 · 1⤊ 0⤋
i think of you ought to double examine state regulation, yet I lived in Jersey and double for wrongful use of secure practices deposit sounds approximately good. I additionally question the settlement to permit the owner use the secure practices deposit in lieu of lease. i don't comprehend if that grew to become into kosher, because of the fact the sec dep is basically meant for use to conceal damages, and as far as i comprehend in Jersey it won't be in a position to be utilized in lieu of lease, so for you to not legally comply with it. that would recommend the money could desire to have been refunded to you interior 30 days of the time you moved out. when you consider which you apart from could moved out in the previous you planned to and incurred costs consequently, that's all getting a splash murky. i might strongly recommend a minimum of consulting an lawyer, when you consider for you to be due an significant chew of substitute from this mess.
2016-10-14 10:16:44 · answer #4 · answered by ? 4 · 0⤊ 0⤋
No. But they can do what ever they want to do. It is up to you to fight them for it. How much money is involved? How much is a lawyer? You will wind up never getting it back.
2006-12-10 10:04:42 · answer #5 · answered by Warren Bennett 3 · 0⤊ 0⤋
Take your case to civil court if not in the fine print he can't do that. They can only keep it if you caused damage.
2006-12-10 10:03:35 · answer #6 · answered by Pantherempress 7 · 0⤊ 0⤋
no
2006-12-10 10:00:16 · answer #7 · answered by ? 7 · 0⤊ 0⤋