If I got a release for early termination of my lease, am I still entitled to the return of my security deposit?

UPDATED: Jul 28, 2011

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If I got a release for early termination of my lease, am I still entitled to the return of my security deposit?

I was in a lease and needed to end the lease due to going back to school. I gave over 30 days notice, new tenants were found and I paid the commission to the realtor. I also paid full rent for a month of in which I only lived 4 days in the house. I am wondering if I have a right to get my deposit back? I have a signed release that says I will get back the prorated amount for the month but no mention of the deposit. It has also been 1 month now and I have not gotten money or a letter from the landlord.

Asked on July 28, 2011 Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should be reimbursed the amount of your deposit from the landlord since you have honored your protion of your agreement and there seems to be no damages caused by you warranting the keeping of any portion of the money given to to the landlord.

Potentially you might be entitled to a portion of the rent you paid for last month if you gave enough written notice of your ending of the lease and you only spent four days in the unit for the last month even though paying for the full month.

Most states have a statutory time period for the return of monies due a tenant after the lesae ends and the tenant vacates the property. You should write the landlord about the return of your money keeping a copy of the letter for future use if need be asking for the money by a set date.

If you do not receive the money within the time requested, you should contact the local landlord tenant advisory group to discuss the possibility of a small claims court action to get what you are entitled to.

Good luck.

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