Early Termination - Deposit back?

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malaika5
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Early Termination - Deposit back?

Post by malaika5 » Sat, 27 Nov 2010 9:25 am

Hey,

I am under a 5 months rental contract but I would like to terminate it earlier. In my contract it says I need to give one month notice.

My question is whether he is obliged to return me the deposit or can I expect to never see that money again?

Hope there is someone who can help.

Thanks!

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QRM
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Post by QRM » Sat, 27 Nov 2010 9:42 am

Depends what it says in the contract, also do you intend to give one month notice?

The landlord will come up with every excuse under the sun to keep it, your idea or wear and tear is totally different to the landords,

Here I always factor in the loss of the deposit as part of my total rental cost, if I get it back then its a bonus.

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Post by malaika5 » Sat, 27 Nov 2010 10:50 am

Yes I intend to give one months notice.

In my contract it only says that I have to give one month notice and that the deposit is "refunded free of interest at the end of this tenancy, subject to any deductions by landlord as may be necessary".
Soo that means theoretically the deposit has to be returned to me, whether after only 2 months or the 5 months in the contract.

I have only been using the room for 2 months now so I don't think he will find much wear and tear. Hope so :(

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sundaymorningstaple
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Post by sundaymorningstaple » Sat, 27 Nov 2010 11:49 am

theoretically but, depending on how well you vetted your place and the amount of picture you took upon taking possession of the flat, will depend on how much damages the LL while claim you caused. Good Luck. :-|
SOME PEOPLE TRY TO TURN BACK THEIR ODOMETERS. NOT ME. I WANT PEOPLE TO KNOW WHY I LOOK THIS WAY. I'VE TRAVELED A LONG WAY, AND SOME OF THE ROADS WEREN'T PAVED. ~ Will Rogers

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Re: Early Termination - Deposit back?

Post by Strong Eagle » Sat, 27 Nov 2010 10:42 pm

malaika5 wrote:Hey,

I am under a 5 months rental contract but I would like to terminate it earlier. In my contract it says I need to give one month notice.

My question is whether he is obliged to return me the deposit or can I expect to never see that money again?

Hope there is someone who can help.

Thanks!
Say, "buh bye". You are trying to quit your contract early. You will cost your landord a shitpot of money to get the place ready for the next tenant. I would not give you your deposit back, in fact, I might sue you for dropping out early. You will cost me a lot of money.

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Post by malaika5 » Sat, 27 Nov 2010 11:08 pm

Well.. I can only hope my landlord is more understanding.. I would find him a replacement and I have only used the place for two months and everything looks the way it did before. So I dont see where he that will cost him a lot of money.
So what is the point of the one month notice clause when he can sue me anyway??

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Post by JR8 » Sun, 28 Nov 2010 5:27 am

malaika5 wrote:Well.. I can only hope my landlord is more understanding.. I would find him a replacement and I have only used the place for two months and everything looks the way it did before. So I dont see where he that will cost him a lot of money.
So what is the point of the one month notice clause when he can sue me anyway??
Speaking as a landlord, there is something here not adding up. If you take a 5 month contract with one months notice exercisable at any point during the term, what you have would seem to be a rolling monthly contract with an expectation (but no obligation) that you will be there for five months.

There is little point commenting further. The inputs given make no sense.

Who drew up this lease?

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Post by malaika5 » Sun, 28 Nov 2010 8:27 am

That must have been my agent. I told her I need a place for five months but she insisted to put "5-12 months" into the contract because that way there would be more landlords willing to let me stay.
She wasn't a help in the beginning and definately isn't of any help now..

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Post by JR8 » Sun, 28 Nov 2010 7:09 pm

malaika5 wrote: I told her I need a place for five months but she insisted to put "5-12 months" into the contract because that way there would be more landlords willing to let me stay.
So at a minimum* it would be reasonable to assume that your landlord is expecting you to stay no less than five months.


* if indeed this is not what you are contractually signed up for. And unfortunately from what you say it sounds as if you have a 12 month contract with a right to break it after 5 months with one months notice. At least such a contractual arrangement would make some sense from a landlords perspective.


Good luck!

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Post by Strong Eagle » Sun, 28 Nov 2010 7:18 pm

malaika5 wrote:Well.. I can only hope my landlord is more understanding.. I would find him a replacement and I have only used the place for two months and everything looks the way it did before. So I dont see where he that will cost him a lot of money.
So what is the point of the one month notice clause when he can sue me anyway??
You will find that "find him a replacement" is easier said than done, especially since you want to be out on short notice.

It's more than just the rent. It is the quality of the tenant and the potential for longevity of tenancy. It cost be US$5,000 the last time I changed tenants... for a new paint job, carpet, repairs, what have you... admittedly for a house... but new tenants almost always want something better than the old tenant left... hence, you will cost your LL money.

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