security deposit

[Bogdan]

I signed lease agreement and paid deposit via check, but two weeks before the moving date I informd the landlord I will need to cancel it. He let me out of the lease verbally but said he needs to deduct $200 out of $625 for running new add. Since then he calls me once a week informing me that he can't send me money back since he did not rent the place yet. He never gave me a key to the place. Can I sue him ? Do I sue him in small claim court in the city where I wanted to rent or where I live now? I was trying to rent in Cleveland OH, currently live in Mayfield Hts,OH (suburbs of Cleveland).
Appreciate any help, Bogdan

 

[LL]

Sorry, your landlord is right.

You agreed to rent the apartment, and the landlord took the apartment off the market in reliance on your promise. He was guaranteed a steady stream of income for the entire term of the lease.

You owe for all of the costs of backing out of the agreement, including not only a new advertisement, but also rent until he finds a suitable tenant to replace you in the lease.

If he only charges for those two things, you are getting off lightly, because the costs due to him can easily run up very high, very quickly.
See
https://forum.freeadvice.com/showthread.php?threadid=52170

P.S. It sounds like he is doing a very good job of keeping you informed of what is going on. Very professional.


[Edited by LL on 04-16-2001 at 04:53 PM]

 

[dj1]

As long as the landlord doesnt try and rip you off by claiming he still cant rent the apartment...and wants more money....

That will require you to visit the apartment and see if the landlord allready rented it....

Also get a copy of the ad, the landlord must re rent at the same price he offer the apartment to you.

If the landlord advertiese it for say 25% more and has no takers, then he cant sue you for the balance of the lease.....well yes he can but you will have to go to court and win.

As long as the landlord doesnt demand more money from you, then you got off pretty decently!