Broken Lease and Deposit (apartment, month-to-month, transfer)

[chowda25]

My previous landlord transferred ownership of the property to a new landlord. My lease then became a month-to-month. At the beginning of the month, I asked if I could break the lease and move out. I asked permission from the landlord and asked him to come see my apartment, which had a leaking roof with falling plaster. After failing to show up for our appointment, I began to pack up and scheduled another time. He eventually sent someone else to check out the ceiling. He indicated that he was amenable to me moving out. I suggested that perhaps he could take a half-month's rent out of my security deposit. He did not object and never raised any issue with me about that proposal.

I recently received a letter from him that he would not refund my deposit because I had 1) not given 30 days notice, and 2) it was stated in the lease that rent could not be taken out of the deposit.

Do I have any recourse? I suggested taking the half month out of the deposit to save us simply exchanging checks, and he never informed me that my proposal was unacceptable.

Thanks for any responses...

[rmcewan]

Originally Posted by chowda25

My previous landlord transferred ownership of the property to a new landlord. My lease then became a month-to-month. At the beginning of the month, I asked if I could break the lease and move out. I asked permission from the landlord and asked him to come see my apartment, which had a leaking roof with falling plaster. After failing to show up for our appointment, I began to pack up and scheduled another time. He eventually sent someone else to check out the ceiling. He indicated that he was amenable to me moving out. I suggested that perhaps he could take a half-month's rent out of my security deposit. He did not object and never raised any issue with me about that proposal.

I recently received a letter from him that he would not refund my deposit because I had 1) not given 30 days notice, and 2) it was stated in the lease that rent could not be taken out of the deposit.

Do I have any recourse? I suggested taking the half month out of the deposit to save us simply exchanging checks, and he never informed me that my proposal was unacceptable.

Thanks for any responses...

He's keeping the deposit to cover the rent for the remainder of the term he feels you owe him. Unless you got an agreement in writing to terminate with less than 30 days notice and no penalty, I don't see what you can do. I don't get #2 because he's using the deposit to cover rent you didn't pay for the remaining term??? A lease won't let you use deposit for rent in a normal rent period because that reduces the security the landlord holds. However, at the end of the term accounts are normally settled by discounting moneys owed from the deposit and returning the remainder.

[chowda25]

Originally Posted by rmcewan

He's keeping the deposit to cover the rent for the remainder of the term he feels you owe him. Unless you got an agreement in writing to terminate with less than 30 days notice and no penalty, I don't see what you can do. I don't get #2 because he's using the deposit to cover rent you didn't pay for the remaining term??? A lease won't let you use deposit for rent in a normal rent period because that reduces the security the landlord holds. However, at the end of the term accounts are normally settled by discounting moneys owed from the deposit and returning the remainder.

Thanks for your response. I understand his position, and actually don't necessarily disagree with it ... but my frustration is that he told me he was ok with me moving out and paying a half-month's rent when I asked his permission, and he voiced no opposition to my suggestion that he take the half-month's rent out of the deposit. I thought it would make it easier for both of us to not have to exchange checks (obviously the deposit would have been greater than the half-month's rent). But I did not get it in writing, so I guess I'm probably sunk. It's just frustrating that people don't stick to their word, especially since I scrubbed that apartment from top to bottom and left it in better condition than when I moved in.

[jct61765]

Unfortunately its your word against his.