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Are we entitled to receive our deposit back?

We signed a two year lease (our idea, landlord accepted) but we are about to have another baby and this house is not large enough so we are buying another house. We are currently 14 months into the lease. We let the landlord know as soon as we could. My question is, since we are breaking the lease, are we still entitled to receive our deposit back, given that the house is in the same or better condition and clean? Or does breaking the lease mean no deposit back? Thanks!

Update:

We are in MO, if that matters. Also, are we responsible for the remainder of the lease? Like paying rent when we no longer reside there?

8 Answers

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  • 1 decade ago
    Favorite Answer

    Usually, if you break your lease, the landlord retains your deposit. Read your lease, and see what the penalties are for early termination. They should be spelled out for you in your contract.

    It doesn't matter that you left the place in better condition than when you leased it. You are putting the landlord at a disadvantage because he has to find a new tenant NOW instead of 10 mos from now. Even if you left the place clean, he still has to go in and clean the carpets, paint, and fix anything that needs repair.

    Worse case scenario is he might hold you to the other 10 mos of rent. If he is reasonable, he will only keep the deposit and maybe ask for one more month rent and cut you loose. If he is unreasonable, he will take you to small claims and ask for the remainder of the lease term.

  • 1 decade ago

    You can get your security deposit back, but you're not entitled...If you've given her a good amount of time notice (ie 30-60 days notice), then there shouldn't be a problem...Be prepared to show the place while you're still living there and help her as much as you can to find potential tenants. This is the cleanest possible way to do this. You can be responsible for the remainder of the lease, but it really depends if your landlord is a b****. If she hasn't treated you very well while living there and you have great documentation to prove it, you will be entitled to get your security deposit back and not be responsible for the remaining months. If she's a slumlord, she won't take you to court for the remainding months because her business techniques will get checked. If you don't feel confident enough to use the work "sue" or "law" with her, call a housing lawyer that will help you for free, or a lawyer friend. That's my 2 cents. Hope it helps.

    Source(s): I've broken 2 leases and I got my security deposit back both times, but minus the "cleaning fees".
  • Anonymous
    1 decade ago

    NO! You typically lose your deposit when you break a lease. How clean it is has nothing to do with lease break penalties. Most states allow for you to be held accountable for the rent for the rest of the lease, until it is re-rented.

    It is not cheap to break a lease.

    Source(s): I'm a property manager
  • Anonymous
    1 decade ago

    What does the lease say? Chances are you won't get a deposit back if he doesn't want to give it....but most landlords if the place is in better or good shape and they dont' have to pay anything to fix it up...will give back deposit. Generally landlords are not that strict...they want leases to protect themselves but if you have been there for a while and he knows you and the circumstances....he will let it go.

    ASK HIM....check the lease....and go from there.

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  • Anonymous
    1 decade ago

    You need to read your lease because it will be different for every land lord and every tenant. Usually, to break a lease, you give a 60 day notice of when you will vacate and you pay for an additional 2 months of rent. Security deposits are refunded based on the condition of the house when you leave. ALWAYS request to be present when they do the walk through. Take pictures beforehand. They can't screw you and steal your money that way.

    Congrats on your baby and your new house!!

  • 1 decade ago

    Breaking the lease = no deposit back. You are shorting your landlord $$ that was counted on as income when you signed the lease.

    Unless he is a REALLY nice guy...

  • 1 decade ago

    it all depends on the contract. but you may be liable for the remainder of the lease. and about the deposit.....it is really hard to get your deposit back regardless how nice the apt is left in. they always charge a cleaning fee plus they must repaint. even if there is nothing to clean! i got charged for dust on my window cill :(

  • Anonymous
    1 decade ago

    No. too bad for you, you should have planned ahead.

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