Security Deposit when Breaking lease

[StressedinVA]

What is the name of your state (only U.S. law)? Virginia

When I moved into my former place, when signing the contract my landlord asked if i wanted 12 months or month-to-month. I said I wasn't sure.. and she told me we can do 12 months but if anything changes, just to let her know.

So on 10/14 (only 3 months into the lease), I decided I needed to move. I sent them an email letting them know my situation had changed, and I was giving them a month and 1/2 notice, to move out by 12/01. They emailed me back asking if I would reconsider, that they really didn't want to find another roommate. I said no, they acknowledged my move out date, and that was it...

Fast forward to January '09, I moved out back in mid-november, turning in the key on 12/01. I did pay a security deposit with them.. and they've never mentioned anything about it. Is it wrong of me to write them in a few days, by certified mail, and ask for my deposit back? They did, upfront, say I could do month to month.. and when I brough this to their attention in my October emails, they never denied this and just asked that I reconsider. I'm not sure if they rerented the place... but I even offered in October to help them find someone - they never took me up on the offer.

Thanks....

 

[Gail in Georgia]

What type of lease did you end up signing? From your posting, it sounds like a year lease.

Gail

 

[treese]

If you signed a 12 month lease, you are bound to it. A written lease cannot be altered or modified verbally - it must be in writing - signed off by all parties to the lease. You can be held liable for the rent per your lease until a replacement tenant is found.

Your landlord has 45 days from the end of the lease to inspect the unit, make any qualifying repairs, and return to you the remaining balance plus interest if applicable.

You moved out/returned the key on 12/1/08, so the landlord has 45 days from that date in which to send the accounting or return. Did you leave a forwarding address? If not, that can delay the return of your accounting or return.

Your landlord can legally deduct the rent owed per your lease from the deposit.