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I saw by your zip code that you're in VA. In VA, a landlord has a duty to mitigate damages. This means, if you break your lease, the LL can only charge you for rent lost because of you breaking your lease. In your case, the LL did not lose any rent. If I was you, I'd write them a letter demanding your deposit back with a deadline, quoting this law. Then, if they don't give it back by the deadline, file a claim in small claims court. Here is an article on breaking your lease in VA:
The LL might not know the laws, or they just simply intend to rip you off for your deposit. But, they're being bullies and the best way to handle a bully, is to be really bold in return.
I'd send them a letter like this:
Dear Landlord,
This is a formal demand for the full return of my security deposit, which you have refused to return. As you know, I had to break my lease due to financial hardship, but I was able to find a new tenant for you immediately, whom you have accepted. You did not suffer any financial loss due to my breaching the contract.
In Virginia, a landlord has a duty to mitigate damages under Virginia law, (Va. Code Ann. §§ 55-248.33, 55-248.35).
Please send a check for $__________ (full amount of your deposit) to my new address below by ____________ (put a date a week away).
If I do not receive a check for my full deposit by the date above, I intend to file a claim in small claims court, and I will also be asking for my court fees if I win, which I am confident of.
Most Sincerely,
You
Your New Address
Good luck! Just stand up to them. Sure, you could have done thing differently, but honestly, the way you did it probably saved you a bunch of money :-)
It is possible that the landlord has incurred financial loss as a result.
The OP said that they leased the property to the new tenant at $20 per month less than they themselves were paying. So they may be losing out on $20/month x as long as the lease had left on it.
Many property managers also charge a fee to owners every time they have to sign a lease, and those fees can be substantial (we charge $100, but I've seen some charge as much as a full month's rent). That would be a financial loss as well.
So we don't know that there was no financial loss.
OP, I'm not saying you shouldn't send a letter, as NoMoreSnowForMe says. But don't be surprised if they respond with an itemized response showing deductions for expenses incurred due to the lease break.
But I agree with oregonwoodsmoke. The most important thing right now isn't your deposit refund. It is that you are still responsible for the lease. So if the new tenant trashes the place, and does $10,000 worth of damage, you are going to be sent to collections for $10,000 worth of damage minus your deposit, because you are still liable. You need a written release, signed by the landlord or manager.
Thank you both very much! I would wait for 21 days passed to see if I will receive the itemotized cost and follow up NoMoreSnowForMe's advise to send a demanding letter to the owner.
I am still wondering if it is eligible for the own to sign the lease to different people for the same entire premises? After the owner signed a brand new lease, can she still keep me liable for the same premises which has been rented out to the new tenant? Do I have to sign off the lease?
I am still wondering if it is eligible for the own to sign the lease to different people for the same entire premises? After the owner signed a brand new lease, can she still keep me liable for the same premises which has been rented out to the new tenant? Do I have to sign off the lease?
Depends on what the paperwork they signed says. As previously stated, if they did a sublease, you are still responsible for everything. If they did a brand new lease, then you shouldn't be liable anymore. But unless you have a signed release, you have no way to be sure whether you are still liable or not.
Originally the owner asked me to bring the new tenant to the office and we complete all paper work together. However, as soon as both new tenant and the owner got contact information, they kept me away from their communications. I doubt the owner changed her mind and intended to thralow my deposit or bigger conspiracy or trap waiting for me to fall. I am feeling something formidable is imminent...
I am still wondering if it is eligible for the own to sign the lease to different people for the same entire premises? After the owner signed a brand new lease, can she still keep me liable for the same premises which has been rented out to the new tenant? Do I have to sign off the lease?
You are no longer liable to the owner if the owner has a new lease with a new tenant.
The owner can't have it both ways. He can't say you are still liable on your lease, and at the same time have a new tenant liable on a new lease for the same time period.
That would be double-dipping.
But, the cheapest thing for you to do, is send the demand letter now, rather than wait the 21 days. Because after the 21 days, then you have to sue them. If you show them all your cards now, it gives them the chance to avoid court, which would save you hassle and money.
I have been successful for myself and in suggesting to friends and family how to handle these types of situations. It's been my experience that if you go ahead and show all your cards to your opponent, that you can usually avoid court.
What you do, is you give them all of your arguments, including references to all the laws, etc., you would use in court.
Then, what usually happens is they take that info to their attorney, who will usually advise them that it sure looks like they could lose in court, and they might want to settle out of court.
So, my advice is to not wait the 21 days, send them the letter with the reference to the VA law regarding mitigating damages, and see if they decide to see it your way.
If they do, it will save you time and money. If not, then you go to court with the documentation that shows that you gave them the opportunity to settle out of court (which small claims court will expect you to do), and they chose not to.
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