Posted by me again on February 04, 2002 at 15:09:20:
In Reply to: What happens now? posted by Laurent on February 03, 2002 at 15:11:24:
: I am moving out of my NYC studio apt. and moving out of state. I am breaking my lease and I gave the landlord a 30 day notice. My question is do I tell the landlord to use the security deposit to pay the last month or do I not pay the last month and am entitled to my deposit back?
john is correct, the knife can cut both ways. depending on your relationship with the landlord, HE can decide to simply let you off the hook for the balance of the lease, or not. technically, YOU are responsible for the rent on the unit until the end of your lease. however, if the landlord chooses this route, he must make a 'good faith' effort to rent the property as soon as possible. that doesn't mean he has to accept the first loser off the street, he can be as picky as he normally is about tenants. you can also be held liable for re-renting costs, advertising, etc. to get a new tenant in. so, let's say it takes him 3 months to find a new tenant, you would have to pay rent for all three months, plus any 'costs' to re-rent, as well as any damage to the apartment deemed to be above and beyond 'normal wear and tear'. you should check your lease and see what it says about using security deposit as rent, most prohibit this practice, although many tenants do it anyway. in many cases though, if the tenant doesn't pay the last month, and there isn't much damage, most times, it's not worth the legal costs for him to do so.
just make sure that you understand that the landlord is NOT limited to your deposit to pay for damages, he can sue you for anything over and above it (which includes lost rent), and will probably win, assuming he can prove and document the damage.
you do confuse me a little in your last sentence, you want to NOT pay the last month's rent, AND get back your security deposit?
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