What to do if I never moved in but my landlord is still are keeping my security deposit until they find a new tenant?

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What to do if I never moved in but my landlord is still are keeping my security deposit until they find a new tenant?

I signed a lease 4 months ago and left a $1200 deposit. My lease was supposed to start on the 20th of this month. I just advised the management company that I wanted my security deposit back because I met someone and was moving south closer to them and better conditions for my 7 year old boy. They said that they had to rent the apartment before they could return my security deposit and that I am liable for the rent until then? How is this possible if I never even step foot into the apartment?What are my rights? Can I get my deposit back?

Asked on July 2, 2012 under Real Estate Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Because a lease agreement is a contract and you are bound by the terms of the contract.  So yes, you are liable for the rent until it is re-rented.  Now, a security deposit is for damages above and beyond normal wear and tear only in Maryland (so rent can not be deducted).  But you have to do some thing under the law. It may get your security back but you can still be liable under the lease. I do not know if it will apply in your situation but try it. Send a notice by first class mail NOW (it has to be with in 45 days of eviction or leaving under the law) of your new address and your intent not to occupy. If they do not return the security then you can sue.  Good luck. 


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