Should our landlord give back our security deposit?

Question

We are breaking our lease 6 months early. If we leave the place in the same condition as we moved in, can we still get our security deposit back?

Answer 1

Nope. You will not get the deposit back, since the landlord can deduct any rent owed per the lease from it.

Your landlord can also hold you liable for any rent per the lease until either the lease expires or a replacement tenant is found.

The landlord can also hold you liable for any costs that he may incur due to your breach, such as advertising costs, agent fees, etc.

If you do not pay the amounts above, the landlord can sue you. The judgment will include not only the costs mentioned, but court costs and accrued interest until the judgment is paid.

Your rental and credit histories will be ruined. The judgment can be renewed for up to 20 years and the landlord can garnish wages or bank accounts, place liens on (future) personal property, etc.

Future landlords will deny renting to you due to the unpaid judgment. Many employers check credit, so you can be scrutinized for having the open judgment against you. Insurance companies and other creditors pull credit and adjust your rates dependant on your credit, so you will be paying higher rates for many years.

You cannot sublet unless the landlord gives you permission to do so.

Subletting can be a bad idea, because you are essentially the subtenants landlord and remain liable to your landlord for the entire lease term. If your subtenant fails to pay rent, damage the place or default in some other way, you are responsible to evict them. You are still responsible to pay your landlord any rent or damages owed. You then have to sue your subtenant to collect from them.

Answer 2

No your responsible for the remaining 6 months of the lease.  They will probably keep your deposit to put towards that amount.

Answer 3

No

Answer 4

Usually, not in this case, you signed a contract to be there for a year?by signing it, you are agreeing that you will be living there. In my state you would have to loose out on the security deposit and still have to pay the remaining months. That is why the landlords have contracts such as leases! you will loose your money in my  opinion. unless you can prove a severe hardship.

Answer 5

No...and your landlord also has the right to SUE you for the remaining 6 months on your lease.

Nowhere did you say he agreed to the deal and leases are two-way contracts...that means you can't decide to break it just b/c you want to.

Answer 6

What does your lease say about early termination?  Do you have to give a 30, 60 or 90 day notice to the landlord in Writing?  what is the penalty if you move out before the term?  Also If he allows you to move, be sure to send him your new address within 10 days or you lose out on your security deposit.

Answer 7

No.  You will be penalized at least one month's rent (or more) for early termination of your lease.  Don't expect to get out of a lease break with no penalties.

Answer 8

What terms did he offer when you told him? You don't simply "break" and walk away from a lease without a penalty. If he settles for the forfeiture of the deposit only consider yourself lucky, he can hold you to paying off the last six months whether you are there or not. Or at least a couple months rent.