|
07-28-2010, 09:24 AM
|
|
|
|
23 posts, read 95,968 times
Reputation: 18
|
|
|
I am going to brake my lease to move to another apartment after August 31. I already sent one month notice letter to the Landlord. The Landlord explained to me that I will lost my security deposit ( not problem with that since, I am breaking the lease). My question:
Do I still have to pay the month of August? Live in NYC
Thanks
|
|
07-28-2010, 09:56 AM
|
|
|
|
Location: Columbus, OH
143 posts, read 361,821 times
Reputation: 174
|
|
|
If you're living there through August 31 ... then yes, you should be paying for August rent.
|
|
07-28-2010, 09:58 AM
|
|
|
|
3,939 posts, read 8,651,980 times
Reputation: 1514
|
|
|
Can you legally lose your security deposit for breaking the lease? I thought that was for paying to fix damages to the property?
|
|
07-28-2010, 10:47 AM
|
|
|
|
Location: St Thomas, US Virgin Islands
24,669 posts, read 67,005,505 times
Reputation: 26681
|
|
Quote:
Originally Posted by kayfouroh
Can you legally lose your security deposit for breaking the lease? I thought that was for paying to fix damages to the property?
|
No. The security deposit is exactly that, a security deposit to cover any damages or breakages incurred during the tenancy. In most jurisdictions the landlord has 30 days in which to return the security deposit less any documented and receipted deductions.
The LL may have agreed to accept the security as the last month's rent payment but this should be clearly stated in writing and with the caveat that no reimbursement for damages will be sought after quit. Not a good way to do business. |
|
07-28-2010, 11:30 AM
|
|
|
|
Location: 39 20' 59"N / 75 30' 53"W
16,078 posts, read 27,334,621 times
Reputation: 18161
|
|
Read your lease, you can loose security deposit for early termnation, depending on landlord/tenant state laws.
http://www.ehow.com/how_5024829_term...ase-early.html |
|
07-28-2010, 01:43 PM
|
|
|
|
Location: St Thomas, US Virgin Islands
24,669 posts, read 67,005,505 times
Reputation: 26681
|
|
|
With all due respect, Virgode, the link you posted is quite clear when stating that state landlord/tenant laws supersede clauses written into landlord tenant agreements (and contracts in general). Rather than direct the OP to such an abstract site, best to simply suggest a Google search to, "(your state) landlord/tenant laws". Makes things simpler. Cheers!
|
|
07-28-2010, 02:39 PM
|
|
|
|
Location: 39 20' 59"N / 75 30' 53"W
16,078 posts, read 27,334,621 times
Reputation: 18161
|
|
Since it was a general question and not for any particular poster, I found the link posted earlier. 
First, you will want to know what the Landlord Tenant laws of your state say about causes for, and consequences of, early termination of a residential lease. This step is important because, no matter what your lease says, if it conflicts with the Landlord Tenant laws of your state, the law governs the situation. You can find the Landlord Tenant law online through your state website.
Last edited by virgode; 07-28-2010 at 02:47 PM..
|
|
07-30-2010, 03:38 AM
|
|
|
|
98,639 posts, read 97,755,949 times
Reputation: 72694
|
|
|
in most states the security deposit is security against a breech of the terms of the lease....
|
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
|
|
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
