CanI request my deposit and the2 months of advanced rentthat Ipaid, now that the rental has been released?
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CanI request my deposit and the2 months of advanced rentthat Ipaid, now that the rental has been released?
I had an 18 month lease and I decided to break it after just 2 months in. I wanted to move back to my old house. I spoke with my landlord and offered to give him 2months rent in in advance, and he agreed to it. He has now re-rented the house. There was some damage done to the house and Idon’t know how much the landlord paid to get it fixed.
Asked on October 11, 2010 under Real Estate Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Once a landlord re-rents a unit, the tenant is released from any further lease obligation. In that case, you are entitled to the return of any advance rent paid. However, if you agreed to pay a flat fee equal to 2 months rent in exchange for your lease being tterminated (a lease termination fee), then you are not entitled to a return of any money. The later appears to have been the case in your situation but it's not entirely clear. As to the return of your security deposit, absent any agreement to the contrary, you are entitled to that, less any deduction for the cost of making repairs. Your landord needs to itemize such costs if you ask him to.
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