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revilo | Does a lnadlord have the leagal right to charge an early termination fee and keep your security deposit? |
. . . .because you terminated the lease early, pursuant to the provisions of the lease? |
 |
 
haydemi
|
because law differs from state to state you must read your lease. you may want to call a probono attorney !!! |
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Kokopelli
|
If there is such a provision in the lease, then definitely. You would have agreed to it when you signed the lease.
When I was a landlord I used to give my tenants month-to-month rental agreements. This meant that either party could give a 30-day notice to vacate the premises. Once I had a tenant who demanded a lease. So I wrote up a standard lease and added the provision "Subject to any future determinations of the rent-leveling board." Most people assume that their lease protects them from rent increases during the term of the lease and this is generally true, so the tenant signed my lease happily. Within a few months I had made an application to the rent leveling board for a rent increase, which was approved. I gave notice to my tenants of the increase, including the one with the lease, and she ran to her lawyer who told her "You never should have signed this." But she did, so I got the rent increase.
If you signed the lease with an early termination fee in it then you are bound by that provision, as well as anything about the security deposit. A lease is an agreement to pay a certain amount over a specified period of time, usually monthly, and if you terminate the agreement early you will still be obligated to pay the full amount of the lease as originally agreed. This means that if you sign a lease for one year and move out after the first six months, you will still have to pay the last six months even if you no longer live there. The same thing applies to the security deposit. If the lease specifies that the security deposit is forfeit upon early termination, then the landlord has every right to keep it. The purpose of the security deposit is to ensure the full and faithful performance of all terms of the lease, and if you violate the terms by moving out early, you lose the security deposit.
"Dammit! Dammit!! DAMMIT!!!" shrieked Betty. "If I had known that I never would have agreed to this!" |
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baickle
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Check your lease that you signed. Usually they do have that right. If it is not mentioned in the written lease, then fight it. |
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mrmaxamillion
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Read your lease agreement carefully. In most states they can charge early termination fees and/or the entire balance of the lease. But cannot collect from you and re-rent it and collect double.
They most often keep the security deposit as toward the next months rent.
Good Luck |
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wilsonaj101177
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Only if there was an early termination clause in the original lease you signed. |
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milamo9mila
 |
I dont know where do you live (country or state)
but in no case this sounds to me legal. Go find your money! |
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hb_usalm
 |
NOOOOOO!!!!! |
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Kutekymmee
 |
yes, if its in your lease. most leases have an early termination fee in them.
read your lease, it should all be in there. |
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Empress
|
No, they cannot keep your deposit, UNLESS it was in the contract. Usually, the deposit is for any damage to the room you rented, but, they cannot keep it if you terminate the contract early. To make sure, take a look at the contract that was signed for the room. That's why you must becareful what you sign, but, in any case, I haven't heard of a deposit being witheld just because you terminated the contract early. That person who is doing that can get into big trouble so, if you persue this, then more likely than not, you can get your money back. Make sure to take pictures of your place before you leave because they can do some damage while you're not there and say that YOU did it. So, becareful. Good luck! |
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