Lease contains the standard language that if I move out early I forfeit my security deposit. Signed a one-year lease for a house starting 7/17 having 1 dog. Helping out a friend I acquired a 2nd dog after that but the house and yard were too small for both so I decided to move in early November. Landlord/I did a walk-thru on 11/9 to see if the house met his standards for condition and cleanliness (not using the move-in/move-out list). One issue with the wood floors but that was something present when I moved in, and that was it. I fully vacated the property on 11/10. I continued to maintain all rent and utilities. He found a new tenant at the end of Nov and their lease started 12/15. My last month's rent covered the Dec payment. Contacted him Jan 10 to confirm everything had worked out (no reply). Contacted him Jan 30 regarding my deposit and outstanding half-months rent. Was told there was a problem with the carpet and he had to rip it out. First time I had heard about it and first I'd heard from him since Nov. Following vacancy I never received any notification regarding damages/repair costs or retention of deposit/rent. (21 day rule?) At this point can I get both back in full?
Because you broke the lease you would be on the hook for either lost rent or liquidated damages as stated in the lease. Deposit retention is dependent on the move in checklist and the conditions you can prove at move out. So when you returned possession the conditions had to be the same as your received the unit less normal wear and tear. The timing is a tricky question if the new tenant was assigned your lease the deposit may be held until surrender. But if your lease was terminated then the statement of retention should have been sent out within 21 days.
Try Avvo Advisor at instant.avvo.com if you want to speak directly with myself or another attorney right away. Please be sure to indicate the best answer. If this answer was helpful, please mark as helpful below. Only. If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline