Landlord will not give me my deposit back, what can I do?

Question

May 24th, I signed a lease on a trailer for one year, and paid $1,250 ($625 deposit and $625 1st month rent) to move in.  I moved my stuff in June 3rd, on June 4th, I recevied a phone call offering me an out-of-state job in my wife's home state that I interviewed for 5 weeks earlier.

Obviously, I accepted the job and informed the landlord I had accepted the out-of-state job and told him I'd everything out of the trailer by June 9th, which I did.  They are not willingly giving me my $625 deposit back.  Am I entitled to any kind of a refund?  Or am I screwed out of $1250?   There was no damage done to the trailer.  This is in NC.

loanmasterone · Accepted Answer

You are not screwed out of the deposit or the rent. You signed a contract with this landlord to reside in the rental unit and pay rent for a certain period of time. The landlord has the rental unit available and is willing to live up to his end of this contract he signed.

For personal reasons, you want to break the lease agreement. The landlord is financially damaged because you want to break the lease you signed. there might not be physical damage to the rental unit, however, the landlord has financial damage as he now has a rental he was under the impression you were gonna stay there for the terms of the contract. 

You are not legally entitled to the deposit or the rent to be returned to you. You could be sued to pay the rent on the rental unit until the rental unit is rented or a minimum of 2-3 months based on the laws of your state. 

I hope this has been of some benefit to you, good luck.

"FIGHT ON"

Kini · Answer

Of course you dont get your deposit back. You are breaking the lease. You didnt give landlord 30 days notice. He can also sue you for unpaid rent for the balance of the lease until he finds another tenant. You should find someone to assume the lease. That way you may get back something.

acermill · Answer

A job transfer is not grounds for breaking a lease without financial penalty. As others have posted, you signed a legal contract to pay rents for one year.  You can be held to the terms of the contract until the landlord successfully rents the property to another.  As well, you can be charged for any costs the landlord incurs to find another tenant.

StarShine · Answer

You broke the lease, you aren't entitled to anything back.

You owe rent for the month of June and can be sued for rent for the other months until the property is rerented. Technically you owe a year's worth of rent (you entered a legal contract with the property owner) but courts usually only award rent until the property is rerented.

LILL · Answer

Your breaking your lease after only a week???  I would sue your pants off and then garnish your wages at your new job.  I can't believe you even have the nerve to ask for your deposit back.

Ryan M · Answer

Why so you think you get to break a legal contract and nothing should happen? Why would you think you get to live there for free and not allow the landlord to make any money for June? Where does your sense of entitlement come from?

R P · Answer

You broke the lease so, not only do you NOT get your deposit back, but you continue to owe rent until the LL rerents the unit.

Linda R · Answer

There is NO law stating a person must have their deposit back.

wg0z · Answer

you are not due any refund.

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Landlord will not give me my deposit back, what can I do?

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