CAN I GET MY SECURITY DEPOSIT BACK IF I SIGNED AND DATED THE LEASE BUT IT HAS NOT STARTED YET?

Get Legal Help Today

 Secured with SHA-256 Encryption

CAN I GET MY SECURITY DEPOSIT BACK IF I SIGNED AND DATED THE LEASE BUT IT HAS NOT STARTED YET?

I signed and dated it yesterday but it doesn’t start for another 2 weeks. I do not want to move in due to medical reasons.

Asked on May 15, 2011 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, the start date of occupancy or the day you move in does not matter. Once you sign a lease, you are obligated to it. You are, in fact, obligated for the full term of the lease--e.g., if it was the typical one year lease, to pay a full year of rent--subject to the landlord's responsibility to try minimize his losses by rerenting as soon as possible (once rerented, you no longer need to pay).

The landlord may apply your security deposit vs. rent you owe him under the lease; thus, the landlord doesn't have to return the deposit, but can instead use it to cover what you would owe him is you breach the lease.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption