We are in the process of trying to get out of our lease because we have family problems and need to help out a family member right now. It's complicated but that's not the point. I was talking to my landlord and she said it would be fine for us to move. We just needed to pay the rent through to the end of the month and then we'd be fine. Then I asked about the deposit that we paid and she said that we won't get it back. I was looking in my lease to find out what it says there about the lease and here's what it says:
"Deposit will be returned to Resident less a $50 carpet cleaning charge, 30 days after the residence is vacated if:
a) lease term has expired or agreement has been terminated by both parties; and
b) All monies due Management by Resident have been paid; and
c) Residence is not damaged and if left in its original condition, normal wear and tear excepted; and
d) Management is in receipt of copy of paid final bills on all utilities (includes gas, electric, water, garbage, and telephone)
e) Deposit will not be returned if Resident leaves before lease time is completed. Deposit may be applied by Management to satisfy all or part of Resident's obligations and such act shall not prevent Management from claiming damages in excess of the deposit Resident may not apply the deposit to any of the rent payment."
What confuses me is one part say both parties can agree to terminate and it will be returned but the other part says it won't. My question is, what can I do to still get my deposit back? What are my rights according to this lease? I can't tell because it's saying two different things.
The thing I forgot to mention is that it's not owned by a company but a private party. She's a really nice woman but I think I made her angry and now she's going to really be a pain about this. I'm really not worried about the deposit but she's now trying to tell me that I'm liable for rent until it is re-rented. It's been in every lease I've had EXCEPT this one. This lease states nothing about being liable for rent after we leave. So, I'll give up on the lease but I refuse to pay for rent that I'm not responsible for paying.
As far as I know all deposits are refundable. However you are terminating you lease that might be the loophole they need to keep it. My house is for rent, do you need a place to live? I'd call an attorney or maybe another apartment complex and ask if the manager could clarify it for you.
I would definitely ask a legal professional to review it, but my understanding of the law (any law) is that if an agreement is ambiguous or contradicting it will not hold up in court. In this case you would need prove the "agreement" easily done if the landlords response was written. The reality is that if they do not return your deposit willingly, you will have to sue for it and the filing fee alone is probably more than they owe you. If you know an attorney (any attorney) who is willing to write them a "nasty-gram" they may cave in and refund your deposit because it is not worth it for them to fight over it.
It does sound confusing but the "if terminated by both parties" is where you seem to be getting the confusion and you are terminating not the landlord so in essence you are breaking the lease and they are making it easy and letting you out of it because of your situation. You can actually be held liable for the remaining balance of rent due and fees incurred by the landlord to re-rent the place so if all you are losing is your security deposit I say take it and run because you are breaking a contract and there is loss on both ends. The landlord is agreeing to let you out of the lease because of your situation so I can't see allowing you to break the lease and giving your security deposit back it isn't fair to the landlord. It may not be what you want to hear but just make certain that you have something from the landlord that states you have no further obligation to them and they agree to let you out of the lease early. Also I have typically gotten my deposits returned but I have not broken a lease before and I return the place to as near as possible to original condition, you can't be charged for normal wear and tear.
I work in the RE Paralegal field..you should have a consultation with an attorney who can read the lease and then tell you what their interpretation is and what the best course of action would be. What does it say about giving notice to landlord? Does it say via telephone, certified mail 30 days advance etc?
However, in my opinion, yes, it does say that the deposit will be given back IF both parties agree, BUT, obviously, your landlord does not agree (even though she said you can leave, that does not mean she agrees with it), that is why you are not entitled to your deposit back, as stated in paragraph e. I think that is why she will hold your deposit, to give her time to find another renter on such short notice. Personally, that last paragraph does not say resident can leave, even if the landlord says it is o.k., because landlord does not agree to it, thus, giving landlord right to keep depsoit..to me, she can't keep your money.
If you need the name of a good, honost RE attorney, let me know and I will give you her info! Good luck!
That first part you're questioning is more than likely if you exercise your right to recend (I know in Florida it's 3 days after signing the lease or any contract)... or if there's some reason you're leaving that's viewed as 'mutual', like they're converting the complex to condominiums and you don't want to buy, there's a fire or other damage and your unit is affected, management change that's allowing 'outs' on leases, etc... not for your wanting to leave, no matter how important the personal reason.
I'm not a lawyer, but I know when 2 of my roommates left the state with 3 days notice, my other roommate and I tried to get out of our lease and were told that we couldn't get our deposit back because we were breaking our lease, so normally you wouldn't be entitled to your deposit back... If you really want to push it, take it to a lawyer... most lawyers will look at something like this for you without charging, or if they do, it's not much. If you have access to legal aid, they do that too. But don't be too upset if they say that you don't have a case, because leases are tricky to fight unless you can show neglect, broken responsibility on the complex's part or some kind of wrongdoing.
As an owner of various rental properties(most properties are privately owned being managed by a company), usually if you break the lease, you do not get your deposit back. This is to protect the owner who, in good faith, rented the property to you assuming that you were going to be living in the house for a year. To address another post, I have never kept a deposit. Each time a tenant moves out, I have the house completely cleaned, painted, and in most cases, the carpets replaced. I did help one tenant get out of our lease when there was a unexpected job lay-off, but it was difficult to have to re-do the house since I was just diagnosed with M.S. However, I did agree that time to give the deposit back(my husband wasn't very happy with me). A lease is a legal agreememt by law and breaking it makes it difficult to get a deposit back unless both parties agree. Good luck, I hope your family problems get better. N.
let me tell you a secret about managed properties - you never get your deposit back. they claim it for wear and tear, etc. even if you stayed to the term of the lease, you wouldn't get the deposit back. my hubby got his back because the apartment he was living in had major AC problems and the office knew he could have terminated on breach of contract. they gave it to him to be nice. otherwise, every where else we have rented - they kept the deposit regardless of the extent we went to for cleaning, etc - even when we met the terms of the lease.
if you and she have agreed to ending the lease early, then i would suggest that you write something up that covers what you agreed to, you sign it, have hubby sign it, and have the lady you made the agreement with sign it. there should bea notary on site. have it notarized and then you have something in writing that proves there was an agreement about early termination. with the notarized signatures, it's a legal document. make sure that her signature is notarized as well as your's and hubby's. otherwise, it doesn't help. also be sure to include her job title (manager, etc.)
as for the deposit - kiss it goodbye and move on.
i had to do the same thing when i lived in an apartment buidling in Riverview, and i got stuck for a lot more because a class action suite about the legality of early termination fees had not been settled. when that suit was settled, i got back about $300 of the $1300 i had to pay out.
cut your losses and move on. you won't get the deposit back - even if you had professional cleaners come in and the place was immaculent.
From what I am reading you are not entitled to you=r deposit back because you are breaking the lease. "lease term has expired or agreement has been terminated by both parties" does not mean that they have to return the deposit. There is nothing that you can do to get your deposit back. You are breaking the agreement which than entitles them to it all. I have been in this business 16 years and never has a deposit been given back if the lease is termed before the expiration date of said lease. You can always ask your landlord about it and see what they say...
Honestly, lots of times when you make someone believe that you have contacted a lawyer they back down without a fight. First talk to the landlord one more time and tell her that you understand that you should be getting this money back because you did not break the lease agreement. Then if the landlord doesn't back down wait a couple of days and go back and tell them you consulted a lawyer and was told that you are in your rights to expect this money back. If that doesn't work I would contact the Consumers Protection Agency. They might not be able to help but they will direct you to the correct person that can help you. Good Luck!!
Hello J.. Unfortunately you won't be getting your deposit. Since the lease agreement was already signed, you agreed to all terms. The 1st statement states both parties have to agree to the termination. The manager was informed, but not apart of the discision to terminate the lease. If both parties are involved, the office would have sent a notice. Make sure you leave on good terms, clean the apartment, pay alll bills, so that you won't owe anythingelse but the penalty fee of braking a lease, and deposit. If oweing any fees it will leave a mark on your credit, and is looked at just as an eviction.
