Can we get our deposit back if we terminated our lease early but our unit was re-rented?

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Can we get our deposit back if we terminated our lease early but our unit was re-rented?

We were going to have o break our lease when my husband got a job in a different state, but we asked the owner if we could work something out and he referred us to his leasing agent. We had a verbal agreement that we would not break the lease but they could show the unit and rent it if possible. We paid this month’s rent even though we moved on the 1st. The agent said she would send our deposit back on the 15th, she didn’t. Before we left she said she had a new renter, who backed out but she had another one. They moved in on the 26th. She has stated they are storing their things there. How do we get our money back?

Asked on August 29, 2011 Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your former unit has been rented out (hopefully equal to or more than what you were paying monthly), your former landlord is obligated to return to you your security deposit within a certain amount of time as required under state law after you vacate the former unit. Failure to do so most likely is a violation of your state's statutes on the subject.

You need to write your former landlord requesting that he or she return within a certain stated period of time to you. Keep a copy of this letter for future need. If the landlord does not respond as requested, your option is small claims court.

You might also want to speak with an attorney about the situation.

Good luck.

 


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