Security Deposit Landlord deducted lease termination fee from security deposit after 30 days

[JSansom12]

I had to end my lease early. Lease stated that I had to pay 2-month's rent termination fee to get out of lease. I found a replacement tenant who landlord approved to officially take over the remainder of my lease with the landlord.

I offered to pay any administrative costs due to my ending the lease, but requested that the 2-month's rent termination fee be waived since I found a suitable tenant to move in and pay the landlord immediately. The landlord denied my request at first, but then said that they would accept a 1-month's rent termination fee and I would receive my security deposit back. I agreed and paid them the 1-month's rent termination fee.

I turned the keys in to the landlord along with my forwarding address in a landlord-issued envelope printed specifically for this purpose on January 7 (when the landlord also did the move-out inspection). I received the security deposit refund on February 17, which had 1-month's rent termination fee deducted from the deposit and interest earned. The refund letter was dated February 14 and it was postmarked February 15.

Not only does this go against our agreement, but also is greater than 30 days.

What am I entitled to? Any advice? Thanks!

 

[army judge]

I had to end my lease early. Lease stated that I had to pay 2-month's rent termination fee to get out of lease. I found a replacement tenant who landlord approved to officially take over the remainder of my lease with the landlord.

I offered to pay any administrative costs due to my ending the lease, but requested that the 2-month's rent termination fee be waived since I found a suitable tenant to move in and pay the landlord immediately. The landlord denied my request at first, but then said that they would accept a 1-month's rent termination fee and I would receive my security deposit back. I agreed and paid them the 1-month's rent termination fee.

I turned the keys in to the landlord along with my forwarding address in a landlord-issued envelope printed specifically for this purpose on January 7 (when the landlord also did the move-out inspection). I received the security deposit refund on February 17, which had 1-month's rent termination fee deducted from the deposit and interest earned. The refund letter was dated February 14 and it was postmarked February 15.

Not only does this go against our agreement, but also is greater than 30 days.

What am I entitled to? Any advice? Thanks!

Before you assume anything, I suggest you discuss this with your former landlord.

The other tenant might have changed his/her mind, or been denied renting the unit because of a poor credit record.

Who knows?

I don't.

Your landlord does.

Find out why, before you get incensed.

The answer could be very simple.

Either way, whatever you discover, you'll have to sue your landlord for anything you think is owed to you.

That si why it is bets to be nice.

Your landlord might have simply made a mistake.

If you're calm and polite, you could agree and the money could be returned to you.

Seek an explanation, before you worry.

If you have to sue, it won't be quick, and it won't get you yout money.

It will merely get you a judgment.

You will then have to enforce that judgment.

Before that happens, try to get the landlord's side of this story.

 

[mightymoose]

The landlord would likely have had to forfeit the two month penalty since the new tenant was approved and moved in immediately... the landlord essentially had no real loss as a result of your breaking the lease, and therefor no real claim to the termination fee. The intent of the fee is to cover the loss from your sudden departure and to cover expenses associated with finding a new tenant.
Your agreement to pay 1 month penalty was generous, but not necessary, and it has complicated things.