Lawrenceville, GA asked in Contracts for Georgia

Q: The security deposit is non refundable and that we still owe them for April and May rent do we have any rights ?

my husband and recently bought a house our lease will end in May 31,2019 we closed March 7th we put 60 day notice in to leave at the end of April but then we decided to move at the end of March because we would have to pay utilities for both homes and other bills the landlord said it was fine but we still had to pay April rent and May rent if they don’t find a tenant by that time we didn’t agree to that because we felt that because they have $2200 deposit it should cover that. We moved out at the end of March cleaned the home cut the grass and turned in the keys. We also cancelled the last two checks for April and May because again they still had the deposit money that we told them they can keep. We fail to let them know April and May check was canceled they cash April check and it bounce now they are threatening to call the police and they said the deposit is non refundable and can’t be applied to rent and we still owe them April and May rent if no one move in my that time.

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1 Lawyer Answer

A: The answer to this question depends upon the specific wording in your written lease regarding the purpose of the $2,200 deposit you made when you first rented the house. If the written lease says the deposit was a security deposit to be used to cover any damage to the property you are out of luck.

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