breaking the lease and damages

[mitgr5200@yahoo]

Kentucky

We broke the lease on a rented house ( 1 year lease, about 6 months left) because I got a new job in another state. I know that that is not a legal reason to get out of my requirement to pay rent till it is re-rented.

we filled out a 30 day notice to move that they provided us with, and we turned in our keys.
2 questions:

1. can they hold onto the security deposit until the house is re rented or should they be returning it less damages and if there were to be a problem with the rent, reopen this issue new?

right now there is not a dispute, I am just trying to know things before they pop up.

2. does giving the written notice and turning in the keys start the clock for their requirements of documenting and notifying us of any damages they will be claiming?

 

[TigerD]

You broke your lease.
You aren't getting any of your security deposit back. You might not get sued.

DC

 

[mitgr5200@yahoo]

we WILL get the deposit back, as I said, we broke the lease but we continue to pay our rent obligation till and if it is re rented.

 

[Gail in Georgia]

Once the unit is re rented (or your lease would normally expire) then the security deposit should be returned minus any damages.

Gail

 

[TigerD]

we WILL get the deposit back, as I said, we broke the lease but we continue to pay our rent obligation till and if it is re rented.

Good luck with that. Let us know when you are sued. Not to help, but because I want to laugh at you.

DC

 

[mitgr5200@yahoo]

why are people on this site so mean, ask a simple question and on this site you get many sarcastic, mean or smart alec answers. And from senior members no less. I thought this was a moderated site. This has been going on for years, gives the site very little credibility.

 

[TigerD]

why are people on this site so mean, ask a simple question and on this site you get many sarcastic, mean or smart alec answers. And from senior members no less. I thought this was a moderated site. This has been going on for years, gives the site very little credibility.

It is a dose of reality -- which is something you are missing in this situation.

You broke your lease. No landlord is giving you your security deposit back on some random promise that you will keep paying. They are keeping the money in hand. And if you pull that attitude with them, your landlord might just decided it is worth suing you.

I have had tenants move out early. I've helped them advertise for replacement tenants. They didn't their security deposit back. If my unit was empty for one month -- and it almost always is between tenants - that security deposit is gone. I had one guy who came to me regarding breaking his lease. But he came to me, explained his situation and asked what I needed from him. I let him out of the lease. Another lady moved out of state for a job. She left with one month left. She paid the rent and at the end of the lease, I did the walk through fixed the damage and sent her the balance. But you didn't do that.

You broke the lease. You turned in the keys. You are liable for rent (and advertising costs) until it is re-rented or your lease term expires. It is shocking that you would even think you'd get the deposit back. Assuming your rent was a $1,000 per month and you have six months left on your lease -- you would owe your landlord at least $6,300. In that hypo - your security deposit would be about $1,000. The landlord may be able to mitigate your damages, but he isn't paying you any part of that $1,000 until his $6,300 is covered. And that assumes no damage or cleaning.

Now -- tell me again how you "WILL" get your deposit back?

DC

 

[Banned_Princess]

Um. I think she is expecting her security back when the place is re rented because she is still paying rent monthly until she no longer has the obligation to do so.

They are going to hold the deposit OP until the end of the lease or until it is re rented minus damages which includes and rent you may owe.

It is more important for you to try to keep an eye on the place for new renters and monitor if the LL is advertising. You may want to advertise as well, that way you can know for sure and not rely on the LL to be honest.

 

[TigerD]

Um. I think she is expecting her security back when the place is re rented because she is still paying rent monthly until she no longer has the obligation to do so.

They are going to hold the deposit OP until the end of the lease or until it is re rented minus damages which includes and rent you may owe.

It is more important for you to try to keep an eye on the place for new renters and monitor if the LL is advertising. You may want to advertise as well, that way you can know for sure and not rely on the LL to be honest.

Yeah, she added that tidbit in post three. However, I'd like to point out that the lease is over. She gave notice and turned over possession. There is no lease for the landlord to enforce. Hence the reason the security deposit will not be returned. It will apply to his damages. If she keeps sending money -- great, it will save him from having to sue her. But the deposit issue will have already been long settled.

DC

 

[Banned_Princess]

I just don't think the ll can retain the deposit as a penalty for breaking the lease, unless that is outlined as a penalty in the lease.

Even tho they turned the possession over to the ll the lease is still valid, they haven't technically abandoned the lease if they continue paying rent...

Cheers DC : )

 

[TigerD]

I just don't think the ll can retain the deposit as a penalty for breaking the lease, unless that is outlined as a penalty in the lease.

Even tho they turned the possession over to the ll the lease is still valid, they haven't technically abandoned the lease if they continue paying rent...

Cheers DC : )

Well, first, we don't know the terms of the lease. I don't know any place where residential landlord can keep the deposit as a penalty. But I'm not claiming it would be a penalty. It would be applied to the next rent cycle. If it is not rented - the former tenant owes for that month. Now KY has a very tenant friendly security deposit statute. But, I still think if there is a rent debt unpaid ...

But I think your statement that they haven't abandoned the lease is incomplete -- although I welcome correction if I am wrong: They notified the landlord of their intent to breach in writing and turned over possession. Now, actually having a copy of the lease would be nice. But KRS 393.670 helps. The tenant abandoned the property. And KRS 383.675 seems to prohibit the landlord from accepting payment of rent after the breach or waive the abandonment. -- which would prevent the landlord from releasing the property.

Cheers. Now, I have real homework to get to.

DC

 

[justalayman]

we WILL get the deposit back, as I said, we broke the lease but we continue to pay our rent obligation till and if it is re rented.[/QUOTE

1. can they hold onto the security deposit until the house is re rented or should they be returning it less damages and if there were to be a problem with the rent, reopen this issue new?

this is where you are making your incorrect assumption. The minute you signed the lease you were liable for the entire 12 months of payments. Many leases even give a total amount owed and then break it down into monthly payments of whatever it figures out to be so,

until you pay the total of the lease or the landlord rents the unit to another party, your debt is the remainder of that total with each monthly payment reducing the amount owed. You are thinking of it backwards with your debt accruing each month. That is an incorrect view of the situation.

It isn't that there may be a point which you don't owe after but a point that your current indebtedness is offset by what the new tenant is paying.

Oh, and he isn't retaining the deposit as a penalty. He is holding it as a deposit against the total amount the tenant owes until such time the final indebtedness is known and paid.

 

[Sloop John D]

why are people on this site so mean, ask a simple question and on this site you get many sarcastic, mean or smart alec answers.

When people don't know enough about the law to offer a legal judgment, they offer moral judgments instead.

The advice offered by Gail in Georgia and Banned Princess seems sound. The only thing I'll add is that in some states it would be improper to hold onto the security deposit as a penalty for breaking the lease. I can't say for sure if Kentucky is one of them, but it's possible the LL cannot hold onto the security deposit for anything but unpaid rent, utilities, or to cover the costs of damage to the property.

It's nice that you're continuing to pay rent. I hope the LL has been agreeable to the situation. Being able to work out a compromise is almost always preferable to litigation.

 

[mitgr5200@yahoo]

DC, you seem pretty ignorant, as well as having a poor attitude. I can't understand why you would think the LL would keep the deposit when there are no damages.

The rent will be paid till it is re rented, there is an administration fee for re renting in the lease which will be paid.

DC, if you go back to the original post, I asked 2 specific questions, you did not answer either one. I would suggest that even if you desire to irritate people on purpose, at least you should have the ability to have some factual input, rather then just express your ignorance and anger. Strange way to spend someone's time.

I am sorry for you that you feel the need to be nasty to others who are just asking for help.....thanks to all the others that have tried to help me. I try not to let the people who are unhappy with their life and need to belittle others to get to me.

I think I got the answer to my first question, but my 2nd question, does giving written notice do anything to start the clock on them notifying me of any damages that they intend to charge me for or can they wait till the lease is up?

Please, serious and helpful responses only

 

[swalsh411]

You don't get your security deposit back until your obligation to pay rent has ended. (whether that be because the 12 months is over or somebody else moved in).

Really, what part of that don't you get?

Your landlord does not have to return your deposit now because you promise to continue paying rent. Your promise means nothing. He is allowed to hold your deposit as an offset against the rent you may or may not ending up paying.

Once your obligation to pay rent is over, your landlord has a certain number of days to either notify you of damages or return your security deposit.