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Early Lease Termination --> no security deposit?

Started by smario715
about 11 years ago
Posts: 0
Member since: Dec 2014
Discussion about
I still haven't gotten my surrender agreement but the property manager has a new tenant to take over the lease starting next month. I was told by a broker that the property manager could keep my security deposit just because I ended my lease early, but I didn't see this in writing on my lease at all. I am thinking of not paying last month's rent because I'm afraid I'm not going to get my security deposit back (from my extremely unresponsive property manager). Any comments or advice is appreciated!
Response by Flutistic
about 11 years ago
Posts: 516
Member since: Apr 2007

There is a lot we don't know here, so it's difficult to say. We don't know if you're using a standard lease or one written up casually, with unusual clauses, for example. But in general, remember a security deposit is to reimburse the landlord for damages you the tenant have created. No damages, no reduction in security deposit.

What I would do is talk to the property manager or landlord and tell them basically what you told us--that you want your security deposit back, or you will go to court to get it back.

My personal considered opinion on withholding any kind of monthly for your primary housing--that includes rent; maintenance in a co-op (which is just a fancy word for rent, btw); and common charges in a condo--is never do it. Keep paying up, and fight some other way. You can do yourself a lot of damage by not paying, so I would never unless a smart attorney told me to.

You are better off going to court, IMHO, and standing before a judge with nice clean hands. Also a nice clean credit report. It's not so hard or expensive for you to go to court, and you'd be surprised how responsive people can be to a notice when they know they're wrong.

Nobody wants to go to court (except me, and maybe you), so often just the seriousness of your request can cause checks to be magically written. This has even worked for me with art/music studio leases, which can be rather back-of-the-envelope documents that I really wouldn't want to take to court with me. [Some day I will learn to read contracts before I sign them.]

Anyway, good luck, I think you'll be fine.

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Response by pleasantstead
about 11 years ago
Posts: 79
Member since: Nov 2014

>so often just the seriousness of your request can cause checks to be magically written.

Always rely on someone who tells you to rely on magic.

>This has even worked for me with art/music studio leases

Always rely on musicians and artists when money is involved

>I was told by a broker

Always rely on members of a profession who have to go out of their way to disclaim that they can not provide legal advice

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