Broke my Lease a year ago, Landlord lied about Security Deposit ?

Question

I broke my lease a year ago because I had a stalkerish ex BF who kept harassing me.
I did not tell my landlord until afte ri moved out becaus ei lived in small town.
I moved 100 miles away.
I was payed up with 15 days remaining for rest of the month.
My security was 4250.00.
Whne I contacted him 2 months late rhe told me he hadnt rented it yet and was keeping deposit.
Well just by chance nearly a year later I found out that my place was rented only 2 weeks after I MOVED out!!!
So he is NOT supposed to collect double rent (keep my whole security while getting new rent)
I told him that and since i live far away he is ignoring me.
Short of going there and asking curren tenants what day they moved in, how can i get that money back ???

yahoo member more or less, NO landlords are NOT allowed to collect double rent.
I KNOW he cant keep the money sinc ehe did get a new tenant.

no not a typo security was 4,250. 00

rent was in NJ next to NYC month and a half security deposit

Answer 1

I don't know what the landlord-tenant code states in your area, but where I live, the security deposit can not be more than your rent. If you SD was $4250, then was your rent also $4250? If the unit was rented out after your paid portion ran out (rent's due on the 1st of November, you were paid through all of November but the unit wasn't rented until December 15), then part of your security deposit will go to paying the rent that you didn't pay directly. The remainder will be used for repairs that weren't on your move-in inspection or for cleaning.

Request from your former landlord an itemized list of costs and estimates for repairs an cleaning, as well as rent application if part of the SD was used to pay rent.

Contact a real estate attorney in the city of your former residence for assistance, since laws are different from state to state.

Answer 2

I am assuming that you have a typographical error in your post, and that your security was $425.00 and not $4,250.00.

That being the case, don't bother trying to collect. If it's only $425.00, you can be assured that the landlord will claim that he incurred expenses in procuring a new tenant, and had cleaning expenses, etc. necessary to ready the unit for a new tenant.

You would have to bring a small claims action where you FORMERLY lived, which is one hundred miles distant. If you really want to make several two hundred mile round trips and pay the costs of a small claims action in order to chance getting back SOME of the money, that's your call.

From the circumstances you describe, I'd advise letting it go. You will probably spend more than you recover if you proceed.

Answer 3

Most leases have a clause that if you fail to fulfill your lease or leave without notice...you therefore forfeit you deposit. Be grateful the landlord didn't sue you for breach of contract.

Answer 4

nope! you broke the lease without talking to him... You should have talked with your landlord before moving out. He may have had someone take over your lease, and you could have gotten a portion of your money back... You violated the contract, so he does not have to give your your money back, and legally he could take you to court for the remainder amount of your lease,,,, next time talk to them,, and read the fine print. If he is not going after you for more money, and it does not affect your credit,,, just cut your losses and go