Differs from state to state but where I practice, deposits can be used to cover unpaid rent and physical damage. Nothing else. But, it is exceedingly rare for landlords to bother suing anyone for a money judgment after they’ve moved out. They’ll sue at the drop of a hat for possession if you miss a month’s payment, but even when you’re ten months behind they usually just get a possession judgment/eviction order and call it a day. Granted, most of the folks who end up in eviction court are broke so that’s probably why they don’t bother trying to collect after eviction, so your mileage may vary depending on your apparent income level. But my point is that the same is doubly true for unpaid months on a lease the tenant has prematurely terminated. They’ll usually just eat the “loss” if you don’t pay them. Even better if you have an argument that they somehow breached the lease themselves (e.g. were not fully attentive to repair requests). As always though, my best advice would be to contact your local free legal aid. They have income eligibility restrictions but generally don’t make you provide proof of eligibility.
this post was submitted on 09 May 2023
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Update: they haven't sued me.
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