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Can my landlord hold my deposit if I terminate early?
Comments
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thanks for all of your suggestions. I just got home and looked at the rental agreement/contract. It does state that the deposit will be lost if I break the fixed term of the tenancy. I guess I just wanted to know if it was fair, but it seems that it is, so I guess I'll just have to bite the bullet. Thanks all.0
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It does state that the deposit will be lost if I break the fixed term of the tenancy.
That is "break" as in swan off owing rent, trashing the place, etc. It's not the same as agreeing an early termination.
It is quite fair and reasonable that your decision to quit early should not leave the landlord out of pocket, i.e. you should expect to pay his costs of re-letting the place.
It is not, however, fair and reasonable for the deposit to be withheld per se, unless those costs plus any damage, cleaning, etc. equal or exceed it.0 -
Ending/Renewing an AST
If you agree an Early Surrender of the tenancy, and get that agreement in writing (usually with some conditions eg you pay for marketing; you pay rent till new tenant in place; you pay agents fees; whatever), then provided you pay what has been agreed, your deposit will be returned. (of course if you do NOT pay what has been agreed, the deposit can be used to cover that).
If you leave without an Early Surrender agreement, then you will coninue to owe rent, and your deposit can be used to cover the rent. And you can be sued for ongoing rent beyond what the deposit covers.0
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