landlord won't return security deposit

[serendipity029]

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

My husband and I have relocated out of DC because of his job. We had another 11 months left on our lease. After explaining the situation to our landlord, he agreed that we would continue to pay rent until he found another tenant and at that point our lease would be terminated. He has found another tenant and they will be moving in July 15th. I spoke to him today and he stated that he needed to clean the carpets and we needed to pay him $245 for it. I asked if he could just take it out of our security deposit ($2,050.) He said that because we didn't fullfil the lease (meaning we moved out early) we didn't have to give us the security deposit back. Is this lawful? A friend who works at a law firm, said that once he agreed he would let us out of our lease when he found a new tenant, he has no right to keep the security deposit. I need to know if this is something I should try to fight.

Thank You!

 

[johnd]

Of course it's lawful...if those are the damages. You have failed to state for what months you paid rent.

 

[acmb05]

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

My husband and I have relocated out of DC because of his job. We had another 11 months left on our lease. After explaining the situation to our landlord, he agreed that we would continue to pay rent until he found another tenant and at that point our lease would be terminated. He has found another tenant and they will be moving in July 15th. I spoke to him today and he stated that he needed to clean the carpets and we needed to pay him $245 for it. I asked if he could just take it out of our security deposit ($2,050.) He said that because we didn't fullfil the lease (meaning we moved out early) we didn't have to give us the security deposit back. Is this lawful? A friend who works at a law firm, said that once he agreed he would let us out of our lease when he found a new tenant, he has no right to keep the security deposit. I need to know if this is something I should try to fight.

Thank You!

Does your lease have an early termination clause in it?

You should have gotten something from him in writing stating he was letting you out of your lease early.

 

[ecmst12]

You paid rent until the new tenants moved in. You owe for advertising costs to find the new tenants, and any damages to the property (including the carpet cleaning). However I do not believe they can take your entire deposit without substantiation SOLELY because you broke your lease. Deposits can be used for unpaid rent and damages, not to penalize former tenants. Other then the damages, LL has not LOST anything and so is not entitled to compensation for anything not lost. Take them to small claims court.

 

[HuAi]

Send landlord a letter reminding him of his legal obligation to account for damages within 30 days in writing, and if he doesnt send you statement of account or SD, sue him. You will have to travel back to DC for the court date.

 

[jtmm1333]

Typical

Listen This is typical of landlords, you had a verbal agreement, take him to court, and you will get Damages on top of your deposit, the ones on here who are saying no to you are landlords, so you are getting Biased info, Take him to court, Judges HATE Abusive lieing landlords especialy with the housing crisis going on! don't give in file the lawsuit in Small claims court, it will be well worth a day of no pay to get back your money plus some, also everyday wear and tear is no reason to hold up Deposits, Cleaning Rugs and painting is normal wear and tear, only a slumlord would rent out a place without cleaning the rugs first, he is SUPOSED to do it anyway, all States state Normal wear and tear is not a reason to hold back deposits. His Verble agreement canceled out any other one you had before, he will be put on the stand under oath! the only problem is since CLINTON, nobody worries about perjury anymore, just another example of his legacy! So go to court and ignore the Slumlords posting on here, they don't care about you one bit, just your hard earned Money!!!

 

[ecmst12]

Cleaning carpets is NOT normal wear and tear. Tenants should have had them cleaned before they moved out. Painting is normal wear and tear only depending on how long they lived there. If a place needs painting after only a year, that's damage.

 

[MIRAKALES]

There is a written lease agreement in effect which was signed by both parties (LL and tenants). The written lease agreement supersedes any and all unconfirmed verbal statements and discussion interpretations.* LL has the right to collect for unpaid rent during ALL months of vacancy during the lease term. Tenant is expected to restore the premises to original condition at move-out. Cleaning is not considered normal wear and tear. There was no indication that painting was needed.
The fact is that tenants violated the lease agreement after only thirty (30) days into tenancy. This seems like poor planning… an impending job relocation should have been known prior to occupancy. In addition, corporations generally pay the costs of relocation which include early lease termination.
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*More important, LL is not required to provide security deposit settlement statement or refund security deposit until new tenant actually takes possession of premises.
(This will not occur until July 15, 2008.)

 

[jtmm1333]

Dc

Before i posted to help you i should have realized, you live in perjury Hell! Washington, DC.
The only Ones who can change a Writen agreement, are the ones who agreeded to it in the first place, You stated he allowed you to break the lease, if he found someone else. he Did. You now have a verbal agreement, he needs to admit this in court, but like I said you live in the most Immoral place in America, ie;Liberal cesspool. So you'll need all the luck in the world, Good luck, fight Him anyway, you will feel better about yourself. If what you say is the truth, and you walk away it will haunt you, How you live your life and how you treat other people, will determine,what happens to you in the end! Good Luck.

 

[ecmst12]

Verbal agreements have NOTHING to do with this. LL cannot collect rent for the same month from 2 tenants. LL is not entitled to keep SD unless he can prove damages. Merely breaking the lease is NOT enough to allow him to keep it. This is a very black and white issue,