GETTING BACK A SECURITY DEPOSIT?

[Robert2]

I WAS LIVING IN AN APARTMENT FROM 5/96 UNTIL
11/99.I GAVE MY LANDLORDS A $520.00 SECURITY
DEPOSIT.THEY MADE ME SIGN A 1 YEAR LEASE,
EVERY YEAR.AROUND 9/99 A FRIEND YOLD ME ABOUT
AN APARTMENT CLOSER TO MY FAMILY(MY PARENTS
LIVE IN FLORIDA).THE RENT IS CHEAPER THAN MY
OLD APARTMENT.MY QUESTION IS WHEN I ASKED MY LANDLORDS IF I COULD MOVE & BREAK MY LEASE
THEY SAID YES IF THEY FOUND SOMEONE TO TAKE
IT. THEY DID FIND SOMEONE& GAVE ME THE O.K.
TO MOVE. AFTER I MOVED, I CALLED THEM UP&
THEY TOLD ME THE OTHER PERSONS MOTHER BECAME ILL& SHE COULDN'T MOVE IN.CAN I SUE MY LAND-
LORDS IN SMALL CLAIMS COURT TO GET MY SECUR-
ITY DEPOSIT BACK?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Robert2:
I WAS LIVING IN AN APARTMENT FROM 5/96 UNTIL
11/99.I GAVE MY LANDLORDS A $520.00 SECURITY
DEPOSIT.THEY MADE ME SIGN A 1 YEAR LEASE,
EVERY YEAR.AROUND 9/99 A FRIEND YOLD ME ABOUT
AN APARTMENT CLOSER TO MY FAMILY(MY PARENTS
LIVE IN FLORIDA).THE RENT IS CHEAPER THAN MY
OLD APARTMENT.MY QUESTION IS WHEN I ASKED MY LANDLORDS IF I COULD MOVE & BREAK MY LEASE
THEY SAID YES IF THEY FOUND SOMEONE TO TAKE
IT. THEY DID FIND SOMEONE& GAVE ME THE O.K.
TO MOVE. AFTER I MOVED, I CALLED THEM UP&
THEY TOLD ME THE OTHER PERSONS MOTHER BECAME ILL& SHE COULDN'T MOVE IN.CAN I SUE MY LAND-
LORDS IN SMALL CLAIMS COURT TO GET MY SECUR-
ITY DEPOSIT BACK?<HR></BLOCKQUOTE>

Read the terms of yor written lease re: L/T remedies for security deposit. Since you signed a year lease, you are legally responsible for 10 more months of rent if the property can not be rented out through the term of your lease. I would presume that the property was vacant for awhile longer and then rented to a new tenant. If more than 1 month has elapsed from the time that you moved out until a new tenant moved in, you are ahead if the landlord just keeps your deposit and does not charge you rent for the time the property was left vacant.

 

[Tracey]

Yes, you can sue. The question is whether you'll win enough to make it worth your time. Did you get the OK to move in writing? Did the OK say you were released, or that T2 was approved as your subtenant? If it's #1, then L has to refund your deposit (less charges for damages) & go after T2 for payment. If T2 was only a subtenant, you are still on the hook & have to procure a new subtenant.

Did L wait until after you'd moved out to tell you about the problems with the replacement tenant? L may not be able to recover any damages from you, since you acted in a responsible manner by getting L's approval & waiting for L to secure a replacement T before signing a new lease. It's reasonable for you to rely on L's statement that you are free of the lease. Once you rely on L's statement, L can't take it back and sue you! This is called promissory estoppel. It applies even where there's no written contract, IF you can prove the promise & reliance by a preponderance of the evidence.

Under NY law, L has to mail you an accounting of charges agaisnt the deposit within 30 days of terminating the lease. If L doesn't, L can't withhold any money from the deposit.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.