Re: Security Deposit Refund Issue - Landlord Forum thread

Re: Security Deposit Refund Issue by OK-LL on June 19, 2012 @14:46

Let's look at it this way. The LL rented to you with the expectation of making $X over 24 months from your contract to lease. He promised you a monthly rental rate based on your promise to pay that rate for 24 months. He did not expect to expend further effort, time and money in obtaining a new tenant during the 24 month period your lease covers. So yes, I see that you wish to exercise the leasebreak clause and pay the amount listed (2 months rent, right?), but I also see where the LL is entitled to the original full rental rate since your promise to pay for 24 months is worthless. You believe the LL stands to walk away from this deal with money in his pocket, but that assumes he will re-lease the property within a month. That assumption is speculative and you didn't take into account his costs for doing so -- utilities, fees to realtors, advertising costs, make-ready, etc. The lower rental rate was conditioned on the fulfillment of a 24-month lease period. I believe the argument can be made that you owe the LL the difference between the negotiated 24-month rate and the original rate.

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