Legal Question in Real Estate Law in West Virginia
lease breaking, security deposit, collection agency, and statutes
I hope someone can help me out. I broke my lease in WV 2 months early due to a job offer in another state. I did not give notice until the day I moved out (May 17). I received a letter from my landlord listing no damages to the apartment, only demanding the last two months rent. I paid for one month and told them to apply my security and pet deposits towards the last months rent. They stated that I forfeited my deposit because I broke the lease and have turned me over to a collection agency. They also returned my check for June's rent asking for all of the money. My questions are the following: If they received all money I owed if I would have stayed there the additional 2 months whay are they hassling me for an additional $500? And if the security deposit was indeed forfeited, what would it be applied towards if there were no damages? I must note that my lease expired the last day of July. This is a large complex (300+ apts) who seem to have not problem finding tenants as they already advertise on TV and the internet. What can I do? What are the laws in WV regarding security deposits? How can I get the collection agency off my case and fix my credit history?
1 Answer from Attorneys
Re: lease breaking, security deposit, collection agency, and statutes
Sorry, but I have some bad news. All of this should be covered in your lease and I assume you have (or had) a copy. My answer assumes the typical landlord/tenant agreement and lease.
First, by vacating prior to the end of the lease you simply lose (or forfeit) your security deposit. You "breached" your agreement with your landlord and I'm guessing your lease states in that case you lose your security deposit. Your lease also probably CLEARLY states that your security deposit can NOT be used for rent.
The result is that you still owe 2 months rent under your lease AND you have lost your security deposit. Yes, you did pay 1 of those months but they most likely returned your check to be sure that they wouldn't be perceived as agreeing to a new arrangement.
Sorry, but to get the collection agency off your back you will need to pay all that you owe OR contact your landlord and see if they will negotiate and accept a lower payment or series of payments from you.
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