Putting security deposit toward rent in case of attempting to move out.

[omar]

We are still in a lease. Because of a safety issue that occured in a building which we had to get a police report for occured we sent a return receipt letter informing the landlord of what occurred, that we would be moving out as soon as possible and requesting to use the security deposit for the rent due to the safety of my family. There has been no response from them. And we still weren't successful in finding a new place.

They continued accumulating the rent that was supposed to be taken from the security deposit in my account. After the security deposit was put to use theoretically I paid the next month rent and they returned it to me saying I should pay the full amount including security deposit. I still plan on moving out. I called them and they said they would be sending me a summons to appear in court.

 

[Cvillecpm]

Move quick - you have done EVERYTHING wrong and a summons will certainly contain additional costs that will result in a substantial judgement against you.

 

[omar]

Can you be a little more specific. What do you mean by "everything" and "substantial"? On what basis? Also what type of law do you practice.

 

[Duranie]

You still cannot break a lease just because of a police incident. Your deposit was for the LL to collect on damages, etc.. not to be used as last months rent. They can sue you for the remainder of the balance until they find a tenant for the apt. If you are served a summons to show up in court you need to show up or risk losing in default.