Q: can landlord keep my security despoist of 3000 if i signed a month to month lease but never moved in?
A: First thing you do is give the landlord 30 days notice that you are not moving in and for him to get another tenant. Your obligation to pay rent ends 30 days after that. The landlord must make efforts to find another tenant. If he is unable to find another tenant within 30 days, he cannot charge you rent beyond the 30 days. If your rent deposit has been exhausted, you have nothing coming back. If he did, then it depends on whether he can do as well with the new tenant as he did with you. He can deduct the expenses of finding the new tenant from your deposit. He can also deduct the difference between what the new tenant pays for the period ending 30 days after notice compared t what you would have paid. If he does not do as well, that difference is also deducted. If he gets a higher rent, that should be credited to you, but I doubt you would ever see that. Of course he must make an accounting within 3 weeks after your notice period expires.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
