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Posted by Mark Smith on June 29, 1999 at 09:21:04:

In Reply to: Security Deposit posted by Sri on June 29, 1999 at 09:01:28:

In many states, a security deposit can be used for many landlord losses, including damage to the premises, lost rent, attorneys' fees, cost of re-renting, etc.

In your case, the landlord might be able to legitimately hold your security deposit until the end of your original lease term, in case the new tenant also moves out early, doesn't pay rent, damages the premises, etc. But, unless there is something in your lease about a fee or penalty (something which courts hate) for early termination, I think the landlord would be limited to deducting actual losses from your security deposit.

: I requested some input to my question on security deposit
: on 6/21. May be I didn't provide enough details that I
: didn't get any response.
: I vacated the apartment in Washington DC 8 months prior
: to the lease expiry. The apartment complex is in high
: demand that the LL has rented it out within a week. They
: held the security deposit as penalty for terminating the
: lease, and asked me to pay rent until the unit is re-rented.
: When I browsed through "TRUTH IN RENTING" brochure in New
: Jersey, they had indicated that the LL cannot use security
: deposit towards anything but paying for cleaning the
: apartment or fixing any broken things after the tenant
: leaves. Is that true in DC as well? Can my LL hold security
: deposit although I submitted the apartment in mint condition,
: and also the unit has been re-rented within a week?

: Thank you for your input in advance.

: regards
: sri

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Comments:
: In many states, a security deposit can be used for many landlord losses, including damage to the premises, lost rent, attorneys' fees, cost of re-renting, etc.

: In your case, the landlord might be able to legitimately hold your security deposit until the end of your original lease term, in case the new tenant also moves out early, doesn't pay rent, damages the premises, etc.  But, unless there is something in your lease about a fee or penalty (something which courts hate) for early termination, I think the landlord would be limited to deducting actual losses from your security deposit.


: : I requested some input to my question on security deposit
: : on 6/21.  May be I didn't provide enough details that I
: : didn't get any response.
: : I vacated the apartment in Washington DC 8 months prior
: : to the lease expiry.  The apartment complex is in high
: : demand that the LL has rented it out within a week.  They
: : held the security deposit as penalty for terminating the
: : lease, and asked me to pay rent until the unit is re-rented.
: : When I browsed through "TRUTH IN RENTING" brochure in New
: : Jersey, they had indicated that the LL cannot use security
: : deposit towards anything but paying for cleaning the
: : apartment or fixing any broken things after the tenant
: : leaves.  Is that true in DC as well?  Can my LL hold security
: : deposit although I submitted the apartment in mint condition,
: : and also the unit has been re-rented within a week?

: : Thank you for your input in advance.

: : regards
: : sri


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