[rdavis1]

Hi, I am leaving my year lease after only 7 months, I realize that I am required to pay until either someone else rents the apartment or my lease runs out. I gave my landlord 30 days notice and he has agreed to advertise to find someone else to rent the apartment. Here are my questions. Can he keep my security deposit just because I am leaving the lease early, doesn't there have to be damage or something? Can he make me pay advertising? I have electricity, water and trash in my name with their own respective companies. I told him I would be contacting the companies to shut the water and electricity off when I move out and he said I HAVE TO keep them on. The lease does not say I have to have these things, just that I am responsible for payment. After I move, do I have to keep utilities in my name until he finds a new tenant? If so should I not return the keys until I can get these utilities out of my name and he has found someone else and stopped charging me rent? Please help ASAP I don't know what to do.
By the way, if any laws apply I am in Nebraska.
Thanks!

[RickJ]

Each of the above should be discussed with the landlord.
1. Yes, he CAN keep the deposit for your not fulfilling your obligation.
2. Yes, he can charge you for advertising, but it probably would not hold up in court.
3. No, he cannot make you keep the utilities in your name. Once you return the keys, you have legally returned the apartment to his possession, so HE is responsible for the utilities.

As for #2, you don't want to leave this up to you having to sue him about it... so be sure to cover all these things with him up front... and get it in writing.

[ScottGem]

A security deposit is generally used to insure against damage or non payment of rent. Therefore, he can't keep it on a whim. However, if you move out and the apt remains vacant for 2 weeks, he can apply the security deposit against those 2 weeks.

Check the Nebraska laws (see the sticky at the top of this forum for a link) for the requirements about notification with respect to the security deposit.

No he cannot make you pay for advertising, but it would be nice for you to agree to pay for it.

The utility issue is a bit of a grey area. I would say he is within his rights to require you to keep them on. By turning them off you make it more difficult for him to show the apartment to prospective tenants which hurts you. You have to give him keys so he can show the apt. But you don't turn over the keys until you have done a walkthru with him and he signs a checklist indicating any damage or lack thereof.

Edited: Hmm Rick and I seem to disagree on the utilities issue. Even though, when you turn over the keys, you are turning the apt back to him, you still are responsible for the apt under the lease. If you turn off the heat and the pipes freeze and burst, you could be held responsible because you are the leaseholder of record. If this were a situation where you are moving out at the end of the lease, then Rick is right. But since you are breaking the lease, you are still responsible until a new lease is entered into.