Security Deposit
I’d like some feedbakck on whether or not my landlord was entitled to keep over half of our security deposit. We were renting in Beacon, NY while we looked for a home to purchase in Dutchess County. We signed a 1 year lease in May 2011 and had no issues with the management company. We found a house in September of 2011 and our offer was accepted and contract signed in early October. At that point we notified our landlord that we would be vacating the apartment on Dec. 15th (two weeks after our closing). We told them that we would cover the broker fee for the realtor looking to rent the apartment and continue paying rent until a new tenant was secured. We paid the $1,700 to the broker and a new tenant signed a lease that started on 1/1/2012. We paid our November and December rent as we normally would. We agreed to a walk through date of 12/17 or after – even though we had paid through the 31st. We moved out, and then spent 4-5 days cleaning, spackle-ing and painting. When we got our security deposit back they had kept over $900. The letter claimed that we had left furniture, left a dirty kitchen and left garbage – none of which was true. They also only provided an estimate of the cost of the ‘clean up’. When we pressed the building’s super he told us that there was no furniture, etc. when he went in to look at the apt before the new tenant moved in. He claimed the walk through was clean. I passed this info onto the management company (via Certified mail) and they responed by saying that they did not have to let us break our lease and that they could claim that we still owed them through May of 2012. So, in essence, they kept a portion of the deposit not becuase of any damages but because they were upset we moved out in December as opposed to May. I could understand this if we had left them holding the proverbial bag – but we made them whole before moving out. We covered the cost of the broker and we paid through the end of December and the new tenant started paying in January so they lost no money whatsoever…just a different name on the rent check (heck, we even covered the cost of the credit check for the new tenant). So, are they within their rights to keep $900? We are considering small claims court. We do however, LOVE our new house!
teenween
in Landlord 13 years and 3 months ago
6
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6 replies
callalily | 13 years and 3 months ago
Just reread the renter’s guidelines. I’m wrong — if you got them a new tenant, you don’t owe them any more rent.
JL923 | 13 years and 3 months ago
You definitely have a case. While a landlord is entitled to the rent for the entire lease term, they also have a duty to mitigate their damages (i.e. retain broker or post on craigslist). They cannot sit on their hands and force you to pay them the rent through may. The fact that you even paid for the broker and found them a new tenant is MORE than enough. However, this is not really relevant to the issue at hand, which is, is the landlord entitled to one half of the security deposit. A tenant’s duty when they move out is to make sure the apartment is broom clean. If you have pictures, you could show the judge. Another point in your favor is it does not cost 900 to clean a kitchen and throw away some garbage. The management company will have to show proof (i.e. invoices or testimony from their workers). You have a good chance to at least get some of that money back.
deancollins | 13 years and 3 months ago
nope you made them whole by payign the brokers fee and arranging for a new tennant.
take it to small claims.
callalily | 13 years and 3 months ago
I wonder if the landlord got the money — maybe someone at the management company is skimming?
callalily | 13 years and 3 months ago
Congratulations on the new house. As to the management company, what a bunch of jerks. DID they let you break your lease? Did they say in writing that this was OK? Technically, they could go after you for rent owed through May, even though the unit is now occupied, according to the bizarre rules of New York.
stevecym | 13 years and 3 months ago
No good deed goes unpunished.