Losing Security Deposit

[Neil]

Hi...
My situation is this: I am in a lease with a roomate and, for personal reasons, will be moving out. I presented this to my landlord who was very receptive and helpful, at first. We found a suitable candidate to replace me, and there will be no loss of rent paid to my landlord (nor any damages) - however, she believes that I am "breaking the lease", thus am not entitled to the security deposit. I realize I am leaving the lease early, but since she will not lose rent for any month, is it possible for her to keep the deposit, and make money off of the property? Any advice would be helpful, up to and including any contacts who might be able to help me in this situation. Thanks everyone!

[Chimera]

The easiest solution I can think of is for you to collect a new security deposit from your sublettor in lieu of having your original deposit refunded by your landlord. Your landlord is going to want the full deposit in hand until everybody has moved out of the apartment to cover any potential damages.

[remogul]

The landlord does not have to let you out of your lease and can take your moving out as BOTH of you breaking the lease agreement. Your name cannot just be deleted from the lease as it will entirely change the agreement. What you should offer is for her to get a brand new lease with your roommate and other tenant, and release the full security to you and your original roommate in lieu of a full security deposit on the new lease. Make this offer in writing and send it certified return reciept. If she refuses and attempts to litigate, you have an extremely strong argument that you offered a legitimate solution at absolutely no hardship to the landlord.

[remogul]

addendum: Do not remain on the original lease as you will still be responsible for a portion of the rent and can/will be held liable for any damage caused from/by any sublettors.

[Neil]

HI - thanks everyone for the responses. the real problem here is that the landlord is requiring the new tenant to pay a deposit as well, so, in all actuality, she will have 1 and 1/2 months rent in the deposit account. however, she is considering my deposit to be a wash, so i suppose she can use it to buy new shoes or something. my understanding is that this money is truly considered mine unless i damage the property or put her in a situation that prevents her from receiving rent for a period of time, which, of course, is not the case. Can she ask for the additional deposit legally?