Forfeited Deposit Question

[KatGirl04]

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

I had been renting a house from a management company here in GA the last 3 years. last month I had to move for work and needed up purchasing a home in my new city. prior to this, I contacted my landlord and they said that I was allowed to break my lease under the following conditions: 1. I forfeit my security deposit 2. Give them 60 days notice 3. Allow them to show the property so that they could find a new tenant. All of this was done, and they found a new tenant. I had my move out inspection and turned over keys May 30.

My question is this:

They said they will be sending me a bill for re-key and turnover -and minor repairs (paint I assume) tomorrow. They state that since I forfeited my deposit that none of the things that would normally be taken from it will be and I will be billed for that stuff. I was under the impression that forfeiting the deport simply meant that I could never get even a potion back even if there was leftover after the turnover of the house. Can they refuse to use the deposit for this in this situation?

 

[FarmerJ]

Let them send to you a statement and if you do not agree with it then consider going back to the county that rental was in and suing them in small claims court for refunds of amounts that are not fair, SO changing locks is normal between tenants charging for it , well see how much they charge, but best choice was that they still would have had to have changed the locks when you moved out no matter what. Painting You lived there for three years so they should not charge you for paint they would have had to re paint the unit anyway to make it look good for showing had you stayed till your lease was up. SO argue the useful life of the paint is gone. wait and see what they charge and reasons why ( wait for statement)

 

[Gail in Georgia]

"They state that since I forfeited my deposit that none of the things that would normally be taken from it will be and I will be billed for that stuff. I was under the impression that forfeiting the deport simply meant that I could never get even a potion back even if there was leftover after the turnover of the house. Can they refuse to use the deposit for this in this situation? "

Your security deposit was used as an early termination fee. This is legal in Georgia if in the lease (or the tenant agrees to this as you did) even if a tenant is found prior to the end of your lease.

You assume...but have no concrete knowledge...if the minor repairs involve painting or other repairs. As suggested, wait until your receive this information.

The other option would have been for the landlord to not agree to you breaking your lease at all and holding you to paying your rent until your lease would normally have expired.

Gail

 

[KatGirl04]

Thanks

Thanks for the info. I just wanted to make sure they were not trying to double charge me.

 

[latigo]

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

I had been renting a house from a management company here in GA the last 3 years. last month I had to move for work and needed up purchasing a home in my new city. prior to this, I contacted my landlord and they said that I was allowed to break my lease under the following conditions: 1. I forfeit my security deposit 2. Give them 60 days notice 3. Allow them to show the property so that they could find a new tenant. All of this was done, and they found a new tenant. I had my move out inspection and turned over keys May 30.

My question is this:

They said they will be sending me a bill for re-key and turnover -and minor repairs (paint I assume) tomorrow. They state that since I forfeited my deposit that none of the things that would normally be taken from it will be and I will be billed for that stuff. I was under the impression that forfeiting the deport simply meant that I could never get even a potion back even if there was leftover after the turnover of the house. Can they refuse to use the deposit for this in this situation?

No, I don't think that you are entitled to offset the security deposit against what may prove to be your further liability to the landlord.

Allowing the landlord to retain the deposit was part of the stated consideration permitting early termination of the lease. The fact that the landlord was able to re-rent the unit is incidental and inconsequential. As would be the same had the landlord been unable to re-let the premises. Or rented it at a lesser rate.