landlord tenant tenancy-rules
Am I entitled to my security deposit?
<p>Really needing some advice here. I was set to move into a residential lease at the end of the month. Completely my fault, but I got cold feet because I know I won’t be happy living there. I gave a security deposit of $1,500, but the landlord is refusing to give it back because he’s saying I wasted his time. The kicker here is that I am the only who has the original and ONLY signed lease contract. He said I can make a copy of the original, but I haven’t given it back since what has transpired. In the lease contract, it is documented when I gave the initial deposit. I am wondering if I am entitled to this deposit and if so, should I take this to court? Thanks. </p>

<p>You broke the lease, which is a contract, and under general principles of law the landlord is entitled to compensation for his losses (the rent owed). You would probably not owe the entire year's worth of rent: the landlord has an obligation to mitigate his losses (for example <a href="https://app.leg.wa.gov/RCW/default.aspx?cite=59.18.310" rel="nofollow noreferrer">RCW 59.18.310</a> in Washington), by re-renting the unit ASAP, but at least a month's rent would be highly likely. If this is a year lease and the monthly rent is $1,500 then you owe $18,000 in rent, which would get reduced to 1 or 2 month's rent depending on circumstances. However, in the US, state laws also regulate security deposits, so there is no universal answer to the details of landlords keeping the deposit to cover unpaid rent. But unpaid rent can be deducted in Washington, <a href="https://www.courts.ca.gov/1049.htm" rel="nofollow noreferrer">California</a>, <a href="https://codes.findlaw.com/tx/property-code/prop-sect-92-104.html" rel="nofollow noreferrer">Texas</a>, <a href="https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/ohio-law-gives-tenants-security-deposit-rights/" rel="nofollow noreferrer">Ohio</a> and possibly all other states.</p>

<p>You don't say whether you also paid "first and last" along with a separate security deposit. Whatever amount of money you gave him, the basic principle is that you owe a lot of money as rent, you cannot void the contract because you got cold feet, but the landlord has a duty to mitigate his losses – you owe him for those losses, but not for <em>more</em> than those losses.</p>
