I was renting a house for a year and paid on time each month. I wanted to renew my lease but they wouldn't because the owner wasn't sure what was going to happen with the house. I did month to month and started looking at places to move to but wasn't having luck. But then they called and asked if I wanted to do a 6 month lease and I agreed because I wanted stability. Then an opportunity came up for me to move into a house my sister bought. I left 3 months earlier than the 6 months. They told me they are keeping my $2700 deposit and I can't use the any of the security deposits towards my last 3 months of rent. So not only do I not get any money back but I Also owe them over $3000. The last week in the house a notice was posted on the door stating "NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST" it also says the house will be auctioned on 3/29/11 which my lease was up on 2/28/11. Is there anything I can do. I would love to get my deposit back but I would be just as happy to just not have to owe $3000. I wouldn't even care if I didn't get the. Deposit back just. As long as I didn't owe money. I'm a newly single mom which was one of the other reasons for moving because I was scrapping money together to pay the rent and all the utilities anyway. I need help!

Unless the lease has an early termination clause that include penalties, they can't do that. Yes they can withhold your deposit, But they have to give you an accounting of how the deposit was used within a statutory time frame. They can't withhold the deposit AND charge you for the balance of the lease. Unless the lease allows it.

The home being in or not being in a foreclosure status, has nothing to do with you owing rent and the lease being valid.

You will owe exactly what the lease says, so what the lease says happens to the deposit if you default, is what is suppose to happen, and what you owe or don't owe will be decided by the lease

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Originally Posted by Krissy559

... I left 3 months earlier than the 6 months. They told me they are keeping my $2700 deposit and I can't use the any of the security deposits towards my last 3 months of rent. ...

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In most states, they have a duty to mitigate their damages by promptly finding a new tenant. Since the property is in foreclosure, that might not be practical (After foreclosure, if it is completed, a new tenant will have rights to remain for a certain time any way. But many potential tenants don't fully understand this.). But they still have to try. If they fail to apply the deposit toward your rent and sue you for it, you have two very good arguments that you don't owe it:

• whether they failed to mitigate; and
• whether they improperly failed to apply the deposit toward the rent.