Landlord Question and Answer Forum

Hi, I am a tenant in Alaska. My fiance and I signed a 2 year rental agreement mid-June, but the terms of the lease start on July 1st. We gave notice to not move in one week before the lease was to start. Are we entitled to any of our $3,000 security deposit back after they make a reasonable effort to re-rent the house? Thanks, C

How much is the rent? Is there a clause in the lease about a break-lease fee? The lease is the document you need to read to find out how much if any of the deposit you will be entitled to.

Posted by Kathy J, WI on Wednesday, July 11, 2012

The rent is $3,000. There is nothing in the lease about a break-lease fee. I've read up on our Landlord Tenant Act and it's just not clear. The landlords did, however, agree to re-list the property after we gave our notice, which after doing some research, should have made the lease null and void. We are actually going to court over this.

Posted by CS S, AK on Wednesday, July 11, 2012

When you provided your security deposit to the landlord, you both entered an agreement that you (tenant) would take possession, and the landlord would take the home off the market. By providing notice prior to the start of the lease, I don't think any "lease-break" clause would be in effect since the lease is essentially not yet in operation. But, your deposit money is your reservation of the property and hence the landlord is out since he stopped showing the property and now needs to start the process all over again. In my opinion, you would lose your security deposit, but that's it. If this happened during a lease, you would be out your security deposit, any costs incurred in re-marketing the property, and may potentially have to pay out the remainder of the lease term unless you or the landlord are able to find another tenant. So to answer your question, I do not think you are entitled to get back any of your security deposit. Try to stay out of court. Court costs are not cheap!

Posted by Lee D, TX on Wednesday, July 11, 2012

Are you military? If you are there IS a military clause that are suppose to be included for service members who have valid orders to stay or move elsewhere.

Posted by Jodi & Mike R, VA on Wednesday, July 11, 2012