My landlord refuse to pay my 9 month rent balance right after I moved out using just 3 months there is it legal for him to do that ?
Lawyer Answers
mohammad mehdi ghanbari
Based on general landlord-tenant laws, your landlord is likely legally allowed to withhold your deposit to cover the \"lost rent\" caused by your sudden departure, but they generally cannot hold it indefinitely without trying to find a new tenant.
Because you moved out with only 1 day of notice, you likely violated the lease terms or state laws, which typically require a 30-day (or one rental period) notice.
Here is a breakdown of your situation and your rights.
1. The \"Notice Period\" Penalty
In almost all jurisdictions, if you move out without proper notice (usually 30 days for month-to-month or the remainder of the lease for fixed-term), you are responsible for paying rent for that notice period.
If you did NOT pay rent for the month you \"waited\": The landlord is almost certainly entitled to keep your security deposit to cover that month's unpaid rent. The deposit is there specifically to cover financial losses like this.
If you DID pay rent for that month: If you paid for the month after you moved out, your landlord generally cannot keep your deposit for that specific month of rent, because you already paid it.
2. The \"Duty to Mitigate\" (Finding a New Tenant)
Your landlord insisted on waiting \"until he gets someone else.\" In many places (like the US, Canada, and UK), landlords have a duty to mitigate damages.
What this means: They must make a reasonable, active effort to find a new tenant (e.g., listing the apartment online). They cannot simply leave it empty and charge you rent forever.
Your liability: You are typically responsible for the rent only until a new tenant moves in. Once a new tenant starts paying, your obligation ends. The landlord cannot collect rent from both you and a new tenant for the same period (\"double dipping\").
The Trap: If the market is slow and they honestly can't find anyone for 2 months, you might legally owe 2 months of rent, which could use up your entire deposit.
3. Deadlines for Returning Deposits
Landlords generally cannot hold a deposit indefinitely. They usually have a strict deadline (e.g., 14, 21, or 30 days after you move out and provide a forwarding address) to either:
Return your full deposit.
Send you an itemized list of deductions (e.g., \"$1,000 for unpaid rent for November,\" \"$50 for cleaning\") and return any remaining balance.
If your landlord is just saying \"I'm keeping it until I find someone\" without giving you a written statement or following the timeline, they may be breaking the law.
Steps You Can Take
Request an Itemized Statement: Send a written request (email or letter) asking for an itemized list of exactly what the deposit is being used for. This forces them to officially claim \"unpaid rent\" rather than just vaguely holding your money.
Ask for Proof of Effort: Ask for proof that they are trying to rent the place (e.g., links to online listings). If they aren't advertising it, they might be failing their \"duty to mitigate,\" which could release you from paying further rent.
Check Local Laws: Search for \"tenant rights manual [your state/province]\" to see the exact deadline for deposit returns. If they miss this deadline, some laws (like in many US states) allow you to sue for double or triple the deposit amount.
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