Lease Agreement for Floor and wall space in a consignment store

I currently have a 12 month lease in a store that I am paying rent for a floor and
wall space. In October the owner sent me a new month to month lease but I
never signed it. I was just given a 30 day notice to leave the store. The owner
has also breached the original contract 3 times. Breach one was changing the
days the store is open with only a weeks notice. Breach two was hosting
monthly vendor meeting and Breach three was classes hosted on the premises.
Can I get out of the lease fully and leave right away but still get my deposit
back?

Asked on December 30, 2017 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, past landlord breaches of the lease will not allow you to get the security deposit back. The deposit is for unpaid rent or physical damage: assuming you leave not having damaged the premises and owing no rent, you must get the deposit back and could sue if you don't; but if you do cause physical damage or owe any rent, the landlord may keep some or all of the deposit to pay for those things.


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