Unable to carry out lease... landlord is keeping deposit.. ??

[wbartlett]

The situation is odd, but I signed a lease on the 1st of the month, but the lease doesn't start until the 11th. On the 7th, I notify the landlord (manager of apt. complex) that I will not be able to stay at the apartment due to family issues that forced me to move out of state. There didn't seem to be any issues, they gave me my first rent's check back, and the manager stated I would get my deposit check back. I have since been notified that starting on the 11th I am being charged $55 per day (the cost of the $1650 per month rent) as well as all advertising charges to re-advertise the apartment. The security deposit was $900, and the agreement I signed says that I would pay $50 or "whatever losses were incurred", whichever is greater. I'm wondering if this is legal to charge me for rent when I thought both parties agreed the lease was terminated on the 7th, and if not, what can I do?

 

[HomeGuru]

Yes, it is legal. Read your written lease agreement.

 

[happylucky]

Yes you will owe rent untill it is re rented!

What you should have done is given the landlord the full deposit for a release of all claims...

Then all you could possibly lose was the deposit, now you could be liable for $3000 and up if he cant rent it out at that price and it takes 2 or 3 months...

PS about the only way a judge is going to let you out of this is...if that family emergency was your parents dying or at deaths door.....but you would have to show up for your court date.