Should I go after my previous landlord for my security deposit ?

[WestCoastNole]

I moved out of a rental house that we occupied for approximately two years at the beginning of the month. Back in May we signed a Lease extension through June of next year, but then we encountered some serious issues with the neighbors and had to get the hell out of there.

We gave the landlord 30 days notice, hired professional cleaners and carpet cleaners, left the house in better shape than we moved into it, AND at the request of my landlord, obtained the services of a gardener to spruce up the yard ( i.e. another 200 out of my pocket) – When I contacted him and asked him when I could be expecting my security depoit back, he seemed genuinely surprised ( I suppose because we were breaking the lease ?) – I met him at the property later that day and he pointed to several minor items that in my opinion fall into the category of “Fair Wear and Tear” ( i.e. a ding in a wall here, a room that needed to be painted, … etc ) – I have searched high and low in the rental agreement and was not able to locate any clause that speaks to a penalty for early lease termination (i.e. “Either Landlord or Tenant may terminate this lease at the expiration of said Lease or any extension thereof by giving the other thirty (30) days written notice prior to the due date.” – We extended the lease on three seperate occasions )

At the end of the day, more than 14 days has expired since we have terminated the lease and the landlord has NOT sent me an itemized statement documenting what he is claiming as expenses against my security deposit.

My question is – is there any reason why I should NOT contact him and demand the return of our security deposit – if he refuses, should I file a claim in small claims court or hire a lawyer ? It seems to me that the law is pretty clear in this case, and that a verbal notice that “I am not going to return any security deposit” is insufficient …

Please let me know if you have any insight and/or advice for someone in this situation !

Thanks in advance for all of your help !

Regards,
WCN

[PCinSD]

I would not hire a lawyer or file suit. By your own admission you breached the rental agreement. If you file a lawsuit to get your security deposit, you will most likely be faced with a cross-complaint. A very winnable cross-complaint at that, and one which probably will be seeking an award of attorneys fees to the prevailing party, as well as the balance owed on the agreement.

There’s no harm in sending a polite letter asking for the return of the security deposit, and a break-down of the allowable costs. However, if you don’t get a positive response, I’d call it even and move on. Life’s too short to get involved in litigation over something like this.

Good luck.

[PCinSD]

I would not hire a lawyer or file suit. By your own admission you breached the rental agreement. If you file a lawsuit to get your security deposit, you will most likely be faced with a cross-complaint. A very winnable cross-complaint at that, and one which probably will be seeking an award of attorneys fees to the prevailing party, as well as the balance owed on the agreement.

There’s no harm in sending a polite letter asking for the return of the security deposit, and a break-down of the allowable costs. However, if you don’t get a positive response, I’d call it even and move on. Life’s too short to get involved in litigation over something like this.

Good luck.

[PCinSD]

I would not hire a lawyer or file suit. By your own admission you breached the rental agreement. If you file a lawsuit to get your security deposit, you will most likely be faced with a cross-complaint. A very winnable cross-complaint at that, and one which probably will be seeking an award of attorneys fees to the prevailing party, as well as the balance owed on the agreement.

There’s no harm in sending a polite letter asking for the return of the security deposit, and a break-down of the allowable costs. However, if you don’t get a positive response, I’d call it even and move on. Life’s too short to get involved in litigation over something like this.

Good luck.

[PCinSD]

I would not hire a lawyer or file suit. By your own admission you breached the rental agreement. If you file a lawsuit to get your security deposit, you will most likely be faced with a cross-complaint. A very winnable cross-complaint at that, and one which probably will be seeking an award of attorneys fees to the prevailing party, as well as the balance owed on the agreement.

There’s no harm in sending a polite letter asking for the return of the security deposit, and a break-down of the allowable costs. However, if you don’t get a positive response, I’d call it even and move on. Life’s too short to get involved in litigation over something like this.

Good luck.

[PCinSD]

I would not hire a lawyer or file suit. By your own admission you breached the rental agreement. If you file a lawsuit to get your security deposit, you will most likely be faced with a cross-complaint. A very winnable cross-complaint at that, and one which probably will be seeking an award of attorneys fees to the prevailing party, as well as the balance owed on the agreement.

There’s no harm in sending a polite letter asking for the return of the security deposit, and a break-down of the allowable costs. However, if you don’t get a positive response, I’d call it even and move on. Life’s too short to get involved in litigation over something like this.

Good luck.

[LAAFTERHOURS]

I have broken leases twice in my lifetime, once to buy a home and a second for a job related transfer. In both situations, I offered to post ads, show the home and assist in finding a new tenant. This on top of the regular cleaning and leaving the place in better shape than when you received it.

I am going to face this same scenario again in the coming months as I am going to buy at some point. I told my current landlord of two years plus at the time I reupped my lease that I would probably be leaving before the year was up and that I couldnt plan around a home purchase.

This isnt so much an answer for you as it is a solution for others that may read this in the same situation. If you are up front with the landlord, help find new tenants, and have a good relationship with the landlord from the start you should have no problem breaking the lease. It also helps if your current rent is low relative to the surround rentals. It will make filling it that much easier.

[LAAFTERHOURS]

I have broken leases twice in my lifetime, once to buy a home and a second for a job related transfer. In both situations, I offered to post ads, show the home and assist in finding a new tenant. This on top of the regular cleaning and leaving the place in better shape than when you received it.

I am going to face this same scenario again in the coming months as I am going to buy at some point. I told my current landlord of two years plus at the time I reupped my lease that I would probably be leaving before the year was up and that I couldnt plan around a home purchase.

This isnt so much an answer for you as it is a solution for others that may read this in the same situation. If you are up front with the landlord, help find new tenants, and have a good relationship with the landlord from the start you should have no problem breaking the lease. It also helps if your current rent is low relative to the surround rentals. It will make filling it that much easier.

[LAAFTERHOURS]

I have broken leases twice in my lifetime, once to buy a home and a second for a job related transfer. In both situations, I offered to post ads, show the home and assist in finding a new tenant. This on top of the regular cleaning and leaving the place in better shape than when you received it.

I am going to face this same scenario again in the coming months as I am going to buy at some point. I told my current landlord of two years plus at the time I reupped my lease that I would probably be leaving before the year was up and that I couldnt plan around a home purchase.

This isnt so much an answer for you as it is a solution for others that may read this in the same situation. If you are up front with the landlord, help find new tenants, and have a good relationship with the landlord from the start you should have no problem breaking the lease. It also helps if your current rent is low relative to the surround rentals. It will make filling it that much easier.

[LAAFTERHOURS]

I have broken leases twice in my lifetime, once to buy a home and a second for a job related transfer. In both situations, I offered to post ads, show the home and assist in finding a new tenant. This on top of the regular cleaning and leaving the place in better shape than when you received it.

I am going to face this same scenario again in the coming months as I am going to buy at some point. I told my current landlord of two years plus at the time I reupped my lease that I would probably be leaving before the year was up and that I couldnt plan around a home purchase.

This isnt so much an answer for you as it is a solution for others that may read this in the same situation. If you are up front with the landlord, help find new tenants, and have a good relationship with the landlord from the start you should have no problem breaking the lease. It also helps if your current rent is low relative to the surround rentals. It will make filling it that much easier.

[LAAFTERHOURS]

I have broken leases twice in my lifetime, once to buy a home and a second for a job related transfer. In both situations, I offered to post ads, show the home and assist in finding a new tenant. This on top of the regular cleaning and leaving the place in better shape than when you received it.

I am going to face this same scenario again in the coming months as I am going to buy at some point. I told my current landlord of two years plus at the time I reupped my lease that I would probably be leaving before the year was up and that I couldnt plan around a home purchase.

This isnt so much an answer for you as it is a solution for others that may read this in the same situation. If you are up front with the landlord, help find new tenants, and have a good relationship with the landlord from the start you should have no problem breaking the lease. It also helps if your current rent is low relative to the surround rentals. It will make filling it that much easier.

[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.

[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.

[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.

[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.

[Author]

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