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  1. #1
    Join Date
    Jun 2010
    Posts
    7

    Question Can We Get Deposit Back if Lease is Invalid

    My question involves landlord-tenant law in the State of: Connecticut

    My husband & I moved from FL to CT & signed a lease in CT for Oct 1, 2009. It was several months later (somtime about mid-Feb) when I felt the need to re-read the lease & found an error. Under the paragraph about the security deposit, is states that after the completion of the lease & we move out, the deposit will be returned (minus damages) "Without Interest". (Yes, it is even capitolized). According to CT law, it has to be in an interest bearing account. We told our landlord about this law & he said it was in a savings account. When we asked for the paperwork for it, he avoided us & never gave it to us. We felt this made the lease invalid, but what we want to know is whether or not the WHOLE lease is invalid, or just that clause. Are we entitled to our deposit back?

    My husband got a job in another state 8 months into our lease & I got pregnant. He couldn't commute the distance, and even if we waited, I would be 8 months pregnant & unable to move our things. So we opted to break our lease. We expressed our concern for our deposit to our landlord, who said that it would be fine (we gave him 3 months notice, but after we had already asked about the account paperwork). We left on May 31st, 2010. Now he wants to keep nearly all of our deposit for leaving early, but we feel that we should get it back since the lease was invalid. Are we wrong here?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can We Get Deposit Back if Lease is Invalid

    Are we wrong here?
    From where I sit, yes.

    Your landlord is not required to give you any information about the account the deposit is held in - the law only requires that he pay you the interest rate on the deposit - determined by the Banking Commissioner - annually on the date of the commencement of your tenancy.

    You never even got that far. You can't even take him to court over unpaid interest because you didn't reach the statutory date to collect the interest.

    Further, you're in breach of your lease contract, and Connecticut law allows your landlord to keep your security deposit to cover any damages AND unpaid rent. As you breached your agreement and vacated prior to the end of the term, the landlord is owed the rent for the remainder of your contracted obligation.

    You can attempt to sue for the return of your deposit in small claims if you wish, but I wouldn't expect you to prevail, as you are the ones in breach of contract.

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