Return of Security Deposit from my Old Rental

[(former)FormerSanDiegan]

The landlord has to refund all of your deposit, except for the amount equal to the cost of repairs for damage you have done that is beyond wear and tear.

However, you are also obligated to honor the lease. If the landlord is able to lease at the same rate you were paying you are off the hook for additional rent. If they advertise for a higher rate than what you were paying (make sure you document this) then you are off the hook. If they agree in writing to release you from the lease, you are off the hook.

My recommendation would be to first try to make sure the conditions for getting “off the hook” are met, then worry about getting your deposit back.

These are general guidelines, based on my understanding and recent experience as a landlord in San Diego over the past decade. But, you may want to get legal advice.

[waterboy]

I know you think it sucks especially since you left in great condition, but $3400 is a small price to pay to get out of a lease 5 months early and into your new home.

Not having it in writing is another reason to let it go. Maybe you can draft something up that says he is letting you out of the lease and keeping the security deposit for wear & tear. Also agree that no other compensation will be paid. That way he can never come back and say you broke the lease or try to charge you for some random damage you didn’t do.

[waterboy]

I know you think it sucks especially since you left in great condition, but $3400 is a small price to pay to get out of a lease 5 months early and into your new home.

Not having it in writing is another reason to let it go. Maybe you can draft something up that says he is letting you out of the lease and keeping the security deposit for wear & tear. Also agree that no other compensation will be paid. That way he can never come back and say you broke the lease or try to charge you for some random damage you didn’t do.

[waterboy]

I know you think it sucks especially since you left in great condition, but $3400 is a small price to pay to get out of a lease 5 months early and into your new home.

Not having it in writing is another reason to let it go. Maybe you can draft something up that says he is letting you out of the lease and keeping the security deposit for wear & tear. Also agree that no other compensation will be paid. That way he can never come back and say you broke the lease or try to charge you for some random damage you didn’t do.

[waterboy]

I know you think it sucks especially since you left in great condition, but $3400 is a small price to pay to get out of a lease 5 months early and into your new home.

Not having it in writing is another reason to let it go. Maybe you can draft something up that says he is letting you out of the lease and keeping the security deposit for wear & tear. Also agree that no other compensation will be paid. That way he can never come back and say you broke the lease or try to charge you for some random damage you didn’t do.

[waterboy]

I know you think it sucks especially since you left in great condition, but $3400 is a small price to pay to get out of a lease 5 months early and into your new home.

Not having it in writing is another reason to let it go. Maybe you can draft something up that says he is letting you out of the lease and keeping the security deposit for wear & tear. Also agree that no other compensation will be paid. That way he can never come back and say you broke the lease or try to charge you for some random damage you didn’t do.

[livinincali]

If the monthly rent was 15K/5 months = $3K month how bad could the condition of the place be. You’re basically out 1 month of rent on the place and from the landlord’s perspective he’s probably out at least 1 month of rent and marketing costs by you leaving early. I’ll call it a pretty fair deal.

[livinincali]

If the monthly rent was 15K/5 months = $3K month how bad could the condition of the place be. You’re basically out 1 month of rent on the place and from the landlord’s perspective he’s probably out at least 1 month of rent and marketing costs by you leaving early. I’ll call it a pretty fair deal.

[livinincali]

If the monthly rent was 15K/5 months = $3K month how bad could the condition of the place be. You’re basically out 1 month of rent on the place and from the landlord’s perspective he’s probably out at least 1 month of rent and marketing costs by you leaving early. I’ll call it a pretty fair deal.

[livinincali]

If the monthly rent was 15K/5 months = $3K month how bad could the condition of the place be. You’re basically out 1 month of rent on the place and from the landlord’s perspective he’s probably out at least 1 month of rent and marketing costs by you leaving early. I’ll call it a pretty fair deal.

[livinincali]

If the monthly rent was 15K/5 months = $3K month how bad could the condition of the place be. You’re basically out 1 month of rent on the place and from the landlord’s perspective he’s probably out at least 1 month of rent and marketing costs by you leaving early. I’ll call it a pretty fair deal.

[EconProf]

Long-time landlord here.
For heaven’s sake, both landlords and tenants must put everything in writing. Verbal agreements mean nothing–and good thing too–since everyone remembers selectively.
Next time the other party promises something, hand over a pencil and paper and say “Here, give me a note to that effect”. Bingo. You have a contract.

Half the country’s lawyers would go broke. Judge Judy’s TV show would not exist.

[EconProf]

Long-time landlord here.
For heaven’s sake, both landlords and tenants must put everything in writing. Verbal agreements mean nothing–and good thing too–since everyone remembers selectively.
Next time the other party promises something, hand over a pencil and paper and say “Here, give me a note to that effect”. Bingo. You have a contract.

Half the country’s lawyers would go broke. Judge Judy’s TV show would not exist.

[EconProf]

Long-time landlord here.
For heaven’s sake, both landlords and tenants must put everything in writing. Verbal agreements mean nothing–and good thing too–since everyone remembers selectively.
Next time the other party promises something, hand over a pencil and paper and say “Here, give me a note to that effect”. Bingo. You have a contract.

Half the country’s lawyers would go broke. Judge Judy’s TV show would not exist.

[EconProf]

Long-time landlord here.
For heaven’s sake, both landlords and tenants must put everything in writing. Verbal agreements mean nothing–and good thing too–since everyone remembers selectively.
Next time the other party promises something, hand over a pencil and paper and say “Here, give me a note to that effect”. Bingo. You have a contract.

Half the country’s lawyers would go broke. Judge Judy’s TV show would not exist.

[Author]

Posts