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

UPDATED: Aug 29, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.


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 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.

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