Help! They want more than my deposit

[JJJ]

I have rented an apartment for 1 year and renew it again for the 2nd year. After 6 months of the 2nd year, I had a job transfer. The lease allows for $200 penalty for termination of a lease to buy property. other wise it will be 18% of the 1 year contract value. The lease is not clear regarding Job Transfer. My landlord is holding the security depoit (= 1 month rent) and they want the remaining of the 18% of the overall year contract, although I stayed 6 month of the year in that unit. I tried to explain the sitiutaion, but the landlord was only willing to deduct couple of hunderds of the overall $1,600 debt loan. He even placed this debt with a collection agency, without contacting me to resolve the issue and later on he told me that this agency is not a collectionagency, although their letter heads indicates other wise. Any advise on how to handle this matter? Ps: The unit was rented immedialtey after my leave.

 

[msattorney]

I have 2 thoughts about this situation.

First, contact the city government in the city where this apt is located. Find out if there is a restriction about receiving double rent on a single unit--if the unit was indeed rented immediately.

Secondly, consider going to small claims court about this issue. While there is a dispute about the amount owed, if you paid rent for the first 6 months of the year, then you should not owe 18% for those months. Also, did you sign a new lease for the second year. If not, you may have converted your tenancy to month-to month. Read your lease agreement carefully.