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Posted by TenantNet on August 06, 1997 at 01:23:01:

In Reply to: Landlord let me break lease but takes security deposit posted by Jim Stephens on August 01, 1997 at 13:56:02:

: I requested to break my lease from my landlord 6 months before it was up.
: They allowed it with a letter of receipt, but said they are keeping my
: security deposit and making me pay all of August rent. I requested to
: terminate the lease and leave the apartment on August 17. I also gave them
: the name of a girl who in turn signed a lease beginning on August 23.

You are not responsible for anything from the date she takes occupancy. For
the deposit, unless they claim (and prove if you challenge) specific
damage, they have no right to keep it.

:If so can I use that as last month's rent.

Many tenants do that in anticipation of the ubiquitous landlord scams
and damage inventions.

: What can
: happen if I don't pay the august rent.

probably not much (that's not the legal answer). If they get the
value of rent to the time when the new person moves in, they have not
lost any rent and therefore can't claim any damages (unless you
actually damages part of the unit).

Indeed, if she moves in on the 23rd, they would owe you rent for the last
week (from the deposit).

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Comments:
: : I requested to break my lease from my landlord 6 months before it was up.
: : They allowed it with a letter of receipt, but said they are keeping my 
: : security deposit and making me pay all of August rent.  I requested to
: : terminate the lease and leave the apartment on August 17.  I also gave them
: : the name of a girl who in turn signed a lease beginning on August 23.

: You are not responsible for anything from the date she takes occupancy. For
: the deposit, unless they claim (and prove if you challenge) specific 
: damage, they have no right to keep it. 
:   
: :If so can I use that as last month's rent.

: Many tenants do that in anticipation of the ubiquitous landlord scams
: and damage inventions.

: : What can
: : happen if I don't pay the august rent.

: probably not much (that's not the legal answer). If they get the
: value of rent to the time when the new person moves in, they have not
: lost any rent and therefore can't claim any damages (unless you
: actually damages part of the unit).

: Indeed, if she moves in on the 23rd, they would owe you rent for the last
: week (from the deposit).  


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