I have lived in my apartment for the last 2 years and decided to move to a new place that better suit my current needs. I gave notice to my landlord, everything seemed fine and 2 weeks after I have moved the landlord still has not returned my deposit and is now refusing to do so, claiming that he/she has suffered damages.
Does this sound familiar?
It is increasingly more common for this to happen and in this situation a tenant should very much be aware of his/her rights and how to enforce it.
The Consumer Protection Act (“CPA”) makes provision, subject to certain other provisions, as stated in the “Act”, for tenants to terminate a lease agreement with a 20 days’ notice period, even if the lease term has not yet expired. While this might be common knowledge these days, all tenants must be aware that that the CPA however, further provides that, in these circumstances, the landlord is entitled to reasonable damages as a result of the early termination, of the lease agreement.
While the landlord is entitled to reasonable damages, the mere fact that the lease agreement was terminated early does not entitle the landlord to withhold your deposit as damages. A landlord must, in fact, suffer damages as a result of the early termination and is only entitled to the amount of damages suffered and not necessarily your entire deposit.
Do not get caught out by your landlord withholding your entire deposit when he/she is not entitled to do so. Make sure you know your rights.
Please contact us if you feel that your landlord has treated you unfairly.
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