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Landlord keeping damage deposit

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Landlord keeping damage deposit

Postby Sam Malone » Thu Jul 10, 2014 3:18 pm

She's trying to keep our damage deposit because she was unable to rent the apartment for the last month of our lease. Here's the verbiage in our lease agreement:

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Upon the due execution of this Agreement, Tenant shall deposit with Landlord the sum of 1200.00 Personal and pet 500.00 DOLLARS ($1700.00) receipt of which is hereby acknowledged by Landlord, as security for any damage cause to the Premises during the term hereof. Such deposit shall be returned to Tenant, without interest, and less an set off for damages to the Premises upon Termination of this Agreement

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There is nothing about keeping it for terminating the lease early.

Is she in the right, or wrong?
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Re: Landlord keeping damage deposit

Postby TenantNet » Thu Jul 10, 2014 4:07 pm

First, I would look at this: http://tenant.net/Rights/CTRC/ctrcf006.html

It can also depend on where you are located and the type on apartment you have.

Without going into too much detail, search for the word "mitigate" on this site. In general terms, the tenant is obligated by the lease to pay rent for the entire term of the lease. If you leave early, you still owe the rent.

NYC courts used to require the LL to mitigate the economic damage to the tenant's leaving. In essence, the LL must have show they tried to re-rent the place and could not do so. In NYC that's a virtual impossibility.

But the courts reversed and said LL's no longer have to mitigate the damages.

Upstate, who knows what the courts require, but I would bet you're on the hook for the last month unless you had a sublet or tried to assign the lease (which is where it can get complicated).

Also search for security deposit interest as I don't think the LL can get away without paying interest - no matter what the lease says.
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