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Posted by JL on April 09, 2001 at 14:04:14:

In Reply to: DEPOSIT posted by Cindy on April 09, 2001 at 13:13:00:

was there something in the lease about this 'termination fee'? if there's nothing in writing, the LL is kind of stuck, because the documentation says you paid your security deposit. and that deposit is supposed to be a panacea for the LL, to be used however he/she sees fit. some LL's will let a tenant use it as the final month's rent, others wanna keep it to use for any repairs and send you the difference. seems to me if the penalty for early termination is $400 plus one month's rent, and the LL agreed to use the deposit, well that's the one-month's rent and since she agreed she can't really prise any more dough outta you. but i'm not sure about the legality of it. but could the damage really be so bad that a court would award the LL $3000? i doubt it. at worst you'd have to pay for the cleaning or whatever, but i can't see a sane judge looking at this case and awarding your LL that much cash.

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Comments:
: was there something in the lease about this 'termination fee'? if there's nothing in writing, the LL is kind of stuck, because the documentation says you paid your security deposit. and that deposit is supposed to be a panacea for the LL, to be used however he/she sees fit. some LL's will let a tenant use it as the final month's rent, others wanna keep it to use for any repairs and send you the difference. seems to me if the penalty for early termination is $400 plus one month's rent, and the LL agreed to use the deposit, well that's the one-month's rent and since she agreed she can't really prise any more dough outta you. but i'm not sure about the legality of it. but could the damage really be so bad that a court would award the LL $3000? i doubt it. at worst you'd have to pay for the cleaning or whatever, but i can't see a sane judge looking at this case and awarding your LL that much cash.


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