Can a landlord keep my deposit if I broke the leasebut my unit was re-rented?

UPDATED: Jul 15, 2011

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Can a landlord keep my deposit if I broke the leasebut my unit was re-rented?

I broke my lease with my landlord after a month. But the house was rented by the next month. So can he keep my deposit?

Asked on July 15, 2011 under Real Estate Law, New Mexico


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, what was the deposit that you paid for? Condition of the unit afer the lease ended for any damage or for last month's rent?

What does the written lease say about the the deposit assuming you have a writen lease? Why did you break your lease with the landlord after one month? Did you break it becaus of something the landlord did or did not do, or because of something that happended on your end? If the landlord causes you to end your lease and what he did or did not do was not appropriate under the lease or your State's laws, you should get your deposit back.

Was there ever a periodof time where the unit you rented but broke the lease on was vacant and rent not being paid? If so, and your lease was for more than a monthly lease, and you had no just cause to break your lease, most likely the landlord can retain your deposit if it was for last month's rent.


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