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Refund and/or application of security deposit

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1 Refund and/or application of security deposit on Sun Jun 17, 2012 9:35 pm

yeyen m


Arresto Menor
Hi! I'm not really familiar with the laws regulating lessor-lessee agreements. Glad i found this website.
We paid 1 month deposit and 2 months advance when we signed our 1-year lease agreement In October 2011. We rented a unit in the 4th floor of the building. However, due to my medical condition (pregnant) we cannot continue to stay on the 4th floor without elevators. Hence, we decided to move out. Our rent is due in advance every 1st of the month. We notified our lessor on May 15, 2012 that we will move out on June 15, 2012. Kindly assist us on the following concerns:
1.) Our contract (without us realizing when we signed it) states that in case we terminate before the end of one year, the deposits will be forfeited in their favor. I would just like to know if this is legal for them to stipulate in the contract?
2.) We asked our lessor to just apply the rent of our 15 days (June 1-15) stay in June to our deposit. They refused to do this. Further, they are asking us to pay the whole rent for the month of June. Our contract states that we should notify one month in advance which we did so. Do we have a basis to say that we should only be paying half-month's rent?
3.) We also paid utility deposit when we signed the contract. But now they are asking us to settle first our utility bills. Can we insist that our utility deposit be applied to our unpaid bills. The amount by the way is just a quarter of the deposit we paid.
4.) The lessor refuses to release our things until we pay the full month's rent and the utility bills. Hence, we just pay the amount to them. If in case we are entitled, what is our recourse to refund the amounts?

I am not after the money/deposit. We just feel bad that this lessor is unfairly enriching themselves at the expense of others. They are really being selfish and rude.

Thanks again.

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