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Aarrgghhhh... can he really do this?

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  • Aarrgghhhh... can he really do this?

    I recently moved out of my apartment because I bought a home. I told my landlord 30 days prior to my moving that I would be moving out on November 24. My landlord said if I could find someone to rent my apartment that he would give me back my full deposit since there was no damage to the property. My deposit was for $1100. So before I moved out I listed the apartment in the local newspaper and had no luck. So I went ahead and payed for December and January rent which totaled $1600. So now I am living in my new home but still have paid for my apartment up until Jan 31. On Dec 29 I find someone who would like to rent the apartment and so I take them over to the apartment to show it to them only to find that the apartment had already been rented by my landlord without my notification. Once I found this out I called the landlord asking for him to please go ahead and send me a check for $1900. THat is $1100 for my deposit which he had verbally agreed to give back to me as long as the place got rented. THe other $800 was for January's rent which I think he now owes me considering he found a renter in late December. He is now telling me that he is going to just send me a check for January for $800 since I "broke the lease". However, he knew from the beginning I was moving and furthermore, I never signed anything to officially terminate my lease and I paid for the apartment up to Jan. 31. Also, nowhere on my lease does it say anything about keeping my deposit or paying any amount of money for breaking the lease. In fact, it says nothing about terminating a lease early at all. Am I right to ask for the $1900 back, and if so, what is the best way to do so? THe guy is giving me the run around now. I just want what he promised me when I moved out and that was 1900 dollars.

  • #2
    Re: Aarrgghhhh... can he really do this?

    Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney--

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    • #3
      Re: Aarrgghhhh... can he really do this?

      I understand that I can take him to small claims. But, in your legal opinion what do you think my chances are of winning given the evidence?

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      • #4
        Re: Aarrgghhhh... can he really do this?

        he should pay you if he said once it was rented all would be fine--you should win in court based on that

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