CAN I GET MY SECURITY DEPOSIT BACK IF I SIGNED AND DATED THE LEASE BUT IT HAS NOT STARTED YET?
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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 12 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.
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