Termination of a lease and security deposit

[jimmyx202]

Hi, I live in southern California. Currently, i have a 2 year lease on a town house. But the landlord told me that he will raise the price of the lease starting next year 2009 by 5%. So i wanted to move out. Therefore i have to terminate the lease. But the problem is when i told the landlord about terminating the lease. He said he wouldnt give us back any of the security deposit. Can he do such a thing?

 

[ecmst12]

If you have a fixed term lease, then he can't raise the rent until the term is up, UNLESS there is a specific provision in the lease that allows it.

 

[HuAi]

likewise if you plan to break the lease early, look to the lease for the agreed upon penalties

 

[jimmyx202]

Okay nevermind the raise. Can the landlord keep all my security deposit if i move out?

 

[FarmerJ]

Jim before you move out, first If you have given proper notice in writting sent via certified mail. so you have a paper trail of proper notice the LL would not be able to use improper notice as a reason. 2nd when your preparing to move if you use a self storage or somewhere off premise to put things you wont need for some time , it will make it all the easier to clean the unit. 3 If you clean it from A to Z , every thing, oven , stove, fridge, tub ,sinks , inside the cupboards and take pics to show how clean you are leaving it inc the insides of closets too. Then should the LL claim you left the unit dirty you would have something to show a court otherwise. AS to damages , take pics of things that appear to be normal wear and tear and then take pics of things that you did damage too. Your LL could claim deposit funds when you have moved out. 4 BUT if you get a final disposition that you do not agree with from this LL then you will have to sue in small claims court and having proofs of the units final condition will help a court make a decision. Its really hard to say how a LL will act regarding deposit funds so the best thing you can do is prepare for the worst and hope for the best. IF you had no damage over and above normal wear and tear and left the unit so clean it was in move in condition, many LLs do the right thing and hold nothing back. BUT theres no way to predict so the best is to just prepare for the worst by doing a good job with paper trails and proofs.

 

[Gail in Georgia]

If you break a lease early, the security deposit can be used in lieu of owed rent until the unit is rerented. The landlord would have to notify you within your states laws the reasons you did not receive your security deposit back.

The landlord can also sue you for additional owed rent until the unit is re-rented or the lease runs out.

Gail

 

[CA LL]

What Gail said...and it sounds like the lease provided for the rent increase so you AGREED to this when you signed it if that's the case.