I just moved out of my apartment before the lease was up and I was under the assumption that they would just keep my deposit. They are trying to say that I have to pay the next two months rent plus forfeit my deposit. I just want to know if they can do that!
2007-11-03 18:53:19 · 10 answers · asked by Brewtus 2 in Business & Finance ➔ Renting & Real Estate
The deposit does not cover any rent, if you had 2 months left on your lease then you owe him two months rent. You likely forfeited the deposit for leaving without notice. If he sues he will also win damages, including the cost of suing you for breach of contract.
2007-11-04 08:17:47 · answer #1 · answered by Landlord 7 · 1⤊ 0⤋
Read your lease/rental agreement carefully to see if there is a clause stating this. A standard agreement includes first and last month's payments up front, plus a deposit from my experience. Also, were you on a month-to-month lease or a yearly lease, and have you served the full initial agreement of the lease? Has the apartment been leased out again yet?
When you signed your lease, you entered into a contract with the landlord, presumably one that was legal and binding. If you have not met all the terms of the agreement, you may be liable.
2007-11-04 01:03:59 · answer #2 · answered by Steve T 5 · 2⤊ 0⤋
Yes, they can. You assumed wrong.
The landlord can you liable for the rent until either the lease expires or a replacement tenant is found. The landlord can also hold you liable for any costs that may be incurred due to your breach, such as advertising costs, agent fees. etc.
In most states, the landlord must mitigate his damages by attempting to find a replacement tenant.
The landlord can deduct these costs from your security deposit but must send an accounting of your deposit within the time frame per your state's landlord tenant laws.
If you fail to pay the amounts owed, the landlord can sue you in Small Claims court and will win.
You will end up with a messed up rental and credit history.
2007-11-04 09:07:53 · answer #3 · answered by ? 6 · 1⤊ 0⤋
Of course they can do that. You breached the terms of your lease by leaving early. If you read your lease carefully, you will find that you agreed to the terms which the landlord is now demanding.
Consider yourself fortunate that it's ONLY two months plus deposit. Had they not included that in the lease, you could have been held to the entire term of the lease, no matter HOW much time was left before expiry.
2007-11-04 07:44:58 · answer #4 · answered by acermill 7 · 1⤊ 0⤋
Leases are binding contracts. You should never assume that you could just walk away from a lease without consequences. Of course you would be responsible for the remaining term of the lease...and depending on your state, your landlord may or may not be obligated to try to re-rent the apartment asap. But until then you have to pay or find yourself in court.
2007-11-04 04:54:50 · answer #5 · answered by LILL 7 · 0⤊ 0⤋
The landlord has to take reasonable steps to rerent the apartment. He can charge you for any time the place is not rented plus the costs of renting it.
2007-11-04 02:03:10 · answer #6 · answered by peter n 3 · 0⤊ 0⤋
Yes they can. I am a PA landlord and the leases I use state just that.
2007-11-04 14:08:06 · answer #7 · answered by Classy Granny 7 · 0⤊ 0⤋
Yeah. It depends on what's in the contract. My current apt contract says something similar where I lose 2 months rent if I do early termination.
2007-11-04 01:56:12 · answer #8 · answered by alex 2 · 0⤊ 0⤋
read your lease contract
2007-11-04 01:58:23 · answer #9 · answered by Evil Kenivel 2 · 0⤊ 0⤋
take it to court with judge judy
2007-11-04 01:56:31 · answer #10 · answered by daniel 3 · 0⤊ 1⤋