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Can a landlord legally hold your security deposit in this situation?
We rented a commercial office under a 1 year lease. However we were not getting the use out of it as expected. Another person approached me to sublease one of the small offices in the unit. But he really decided he needed the whole area once he reviewed what he needed it for. So we discussed with the landlord and mutually thought it was a good idea to cancel my lease and add a lease for the other tenant and I sublease my small office in the unit from the new tenant. The landlord is now holding my deposit saying I broke the lease before the end of the term.The problem is that IT WS HIS IDEA! He even wrote the new lease up and had it signed before my pre-paid month was even up!
BTW this is in North Carolina.
Subletting the lease is allowed and not a violation of the lease. I would not have ended my lease had he informed me that I would lose the deposit. I found the new tenant for him and that person even extended the lease. It was all contingent that the new tenant would in a sense "take over" the existing lease.
8 Answers
- 8 years ago
Check to see on your contract that it does not state that the deposit is transferable meaning that the original deposit would be transferred to the new tenant if the original lease is breached before it is up. When you say it was contingent that the new tenant would "take over" the existing lease that is the loophole your landlord can use against you for holding the security deposit. In your situation you may have to file in small claims court to get your deposit back.
Source(s): 16 yrs real estate - 8 years ago
I would consult a lawyer. The landlord changed the terms of the lease on his own accord and you agreed with the changes. Sounds (based on what you provided) that the landlord broke the lease. The lawyer specializing in civil disputes (landlord/tenant) specifically in your state will tell you if you have a case or not. Most times a consultation is free!
- Anonymous5 years ago
i did no longer even worry to examine all of it. As a landlord, what proportion circumstances has a tenant reported. . ."It seems merely like as quickly as I moved in." normally that may no longer so. You signed a hire and made a deal. persist with it. once you sign a hire, it rather is legally binding and protects the two you and your landlord. Your landlord may be a fool to do it.
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- linkus86Lv 78 years ago
Legally the landlord can hold your security deposit, but the landlord can not legally accept 2 rents on the same property for the same month. This is known as double dipping and you could sue for a refund of your rent of the month in question.
- SlickterpLv 78 years ago
You did break the lease. He just agreed to let you do it. You forgot to ask if this would be considered any kind of violation of the original contract.
- loanmasteroneLv 78 years ago
By sub-letting the rental unit prior to the landlord knowledge of the sub-let, technically you did break the lease.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
- Anonymous8 years ago
You did break the lease, it doesn't matter whose idea it was.
