Can an owner keep rent if lease is cancelled prior to move in?

Question

We signed a lease on a home, and paid security deposit and rent. The night before move in.. we decided not to take the home.. The owner agreed, and gave us a written letter that states she is allowing us out of our contract. Can she keep our rent & deposit? Does anyone know? Also, she pulled up our backgrounds, and released private information to our references such as speeding tickets, etc. Isn't this illegal, privacy act? Can someone help?

Thank you.

Answer 1

You signed the lease and the landlord can hold you liable for rent until a replacement tenant is found.

She gave you a letter stating that she let you out of the contract, but it does it state that your liability is terminated as well?

She has the legal right to claim any lost rent, advertising costs, etc. If the letter does not state that she gave up that right, then she can offset any losses with the $$$.

As far as releasing "private" information to your references, it is not good business, but is not illegal.

Generally, things such as speeding tickets are available as public information, so it is not private at all.

Had she released info regarding your credit report, accounts, debts or income, that would be a different story.

Answer 2

If the speeding ticket is on the internet under civil actions against you then no  it isn't illegal it's public information.Anything on the internet that happens in the courts is public information that is why it is there so people can check up on you.  I do it all the time.  It was never interesting enough for me to tell anybody about it but I could if I wanted to.  When the landlord let your out of the lease did you not discuss if she would deep rent and deposit.  How long did she hold the apartment for you.  Did she lose other renters thinking  you were going to move in.  There is a lot going on there you need to reach some kind of agreement with the landlord because she can sue you for breach of contract

Answer 3

What does it profit her to release such info? But speeding tickets are in the public record so it is not private.

As far as the rent and deposit, they took the apartment off the market so you owe them at the VERY least a months rent. They don't have to let you out of the lease at all. You are getting off VERY cheap.

Answer 4

Read your Lease. She CAN let you out of the lease and still keep your money if she is unable to re-rent the property.