[quote=DataAgent]Since you terminated the lease extension early, you should feel lucky all the landlord wants is your security deposit.
To fully terminate your lease, you should writeup some sort of early termination agreement with both of you signing the document. The document should say something like “In exchange for retention the security deposit, the landlord fully releases you from the lease extension dated 05/01/2009 etc etc.” Without a termination agreement you still owe all rents up to June 2010 less the security deposit.[/quote]
The landlord has 21 days to give you your full deposit minus deductions which must be itemized.
So he has not (yet) violated that regardless of what he has said verbally.
He can deduct for the rent he lost while trying to find a new renter. If that amount equals your rent and if he documents that in the statement he sends (which must be in writing) then cool.
If the situation interfered with your quiet enjoyment of the premises (sounds like it did), then the lease was broken before you moved out. Proving that is easier if you can document that you tried to get him to remedy this problem with the neighbors.
Your best bet is to send a letter or email re-stating the terms of the lease and asking for your deposit back (since his inaction regarding habitability and quiet enjoyment effectively broke the lease). Remind him that you are not seeking damages for breach of contract but that could change…
If he tells you to fuck off and does not give you an accounting of the deductions, then small claim his ass. Seriously, the accounting is a requirement for any rental situation in our great state.
Most landlords are tools (in my professional experience) and assume that renters are wimps (and act accordingly). They are usually right.
