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Posted by Liz Fong on October 10, 2000 at 09:26:45:

I moved out of my apartment a couple months before my lease expires. While the landlord was able to find another tenant to replace me, he/she is taking a portion of my security deposit to repaint the apartment even though he/she would have done it anyway upon bringing in a new tenant. My contract states that I will receive full amount of the security deposit plus interest if I carry out the agreements in the lease, move out of the apartment, and return it to the same condition it was in when I first occupied it, except for ordinary wear and tear. However, if I do not carry out all agreements in the lease, the owner may keep all or part of the security deposit and any interest which has not been paid necessary to pay owner for any losses incurred, including missed payments (which there have not been any).

Is it legal for the owner to use the security deposit to repaint just because I got out of the lease a couple of months early?

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: I moved out of my apartment a couple months before my lease expires.  While the landlord was able to find another tenant to replace me, he/she is taking a portion of my security deposit to repaint the apartment even though he/she would have done it anyway upon bringing in a new tenant.  My contract states that I will receive full amount of the security deposit plus interest if I carry out the agreements in the lease, move out of the apartment, and return it to the same condition it was in when I first occupied it, except for ordinary wear and tear.  However, if I do not carry out all agreements in the lease, the owner may keep all or part of the security deposit and any interest which has not been paid necessary to pay owner for any losses incurred, including missed payments (which there have not been any).

: Is it legal for the owner to use the security deposit to repaint just because I got out of the lease a couple of months early?  


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