We rented an apartment in oklahoma. The terms were from july 07 to july 08. The lease agreement says the tenant must give 30 days notice before vacating. We did that. No where on the contract does it say that breaking the lease forfeits the contract but the landlord is keeping the full deposit. It does say that less than 30 days notice forfeits the deposit, but thats all that forfeits the deposit according to our lease.
Is it legal for him to keep our deposit?
2007-12-14 15:07:55 · 6 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Yes, he can legally keep the deposit. He can also legally force you to pay rent until July 2008.
2007-12-15 04:05:29 · answer #1 · answered by Landlord 7 · 3⤊ 0⤋
It would be quite rare for your 1 year lease to allow you to give 30 days notice at any time during the lease term.
You are likely misreading and/or misunderstanding the clause regarding giving notice to vacate.
The 30 day notice requirement is to terminate your lease at the end of the year term.
The landlord can legally deduct any damages to the property from the deposit. The landlord can also legally deduct any unpaid or owed rent from the deposit.
You may be in for a big surprise unless your landlord has given you a written release from the lease.
The landlord can hold you liable for any costs that he may incur due to your breach - such as advertising costs, agent fees, etc. as well as rent until either the lease expires or replacement tenant is found.
Do not be surprised if you receive a court summons in the near future. The landlord can sue you for all of the above costs.
2007-12-15 00:20:47 · answer #2 · answered by ? 6 · 0⤊ 0⤋
You agreed to two things.
1. To pay rent from July 07 through July 08
2. To give a 30 day notice before July 1 2008
You have fullfilled only one part of your obligation. You lose the deposit for leaving early, not for giving less than proper notice.
2007-12-14 22:09:12 · answer #3 · answered by ebosgramma 5 · 1⤊ 0⤋
i think of he ability a rolling lease which will vehicle renew on the tip of the 12mths whether you're on your finished legal correct to furnish a months be conscious in writing on your landlord and offering you go away the valuables interior the condition it became into leased in and pay and have information of all your application have been paid he has NO legal correct to hold your deposit. regardless of what he says this is fact and any solicitor will suggestion the comparable.
2016-11-03 07:58:00 · answer #4 · answered by namsaly 4 · 0⤊ 0⤋
Be thankful that he is only keeping your security deposit. the language you have cited says NOTHING about terminating the lease agreement. It only dictates what happens to your deposit if you fail to give thirty days advance notice of leaving.
According to contract law, the landlord can not only keep the deposit, but can also sue for rents to fulfill your agreement until the unit is re-rented.
2007-12-14 15:32:04 · answer #5 · answered by acermill 7 · 4⤊ 1⤋
It's legal for them to try to keep as much of it as they can. Getting a deposit back from most places is like pulling teeth. They'll nickel-and-dime it to death by saying you didn't clean the oven or you didn't clean the refrigerator or you left the bathroom dirty, yadda yadda yadda.
2007-12-14 15:17:06 · answer #6 · answered by Resident Heretic 7 · 1⤊ 1⤋