[ScottGem]

If there is a early termination clause in the lease (a couple of us asked about that early in the thread, haven't you read the lease carefully by this time?) then drop it and move on. You signed the lease and therefore agreed to its terms. You are breaking the lease and subject to any penalties listed in the lease for early termination. Doesn't matter whether the landlord suffered loss or not in that case.

[JudyKayTee]

that s what the landlord is telling me now that there is a clause stating that he is entitled to retain the security deposit if i was to break the lease. is that legal and be approved by a judge even though there is no damage suffered by the landlord to the apartment as i cleaned it and it s in a good condition for the next tenant?

I believe I addressed this right in the beginning when I asked if there is a clause in the lease which allows the landlord to keep the security deposit if the lease is broken by the tenant, whether with the permission of the landlord or without, whether a replacement tenant is found or not - the landlord does NOT have to be out any money if there is a clause in a legal document (the lease) allowing him/her to keep the deposit under the above circumstances. I would presume you signed a lease with this provision - ?

So - again - what does the lease say?

[minisobe]

The contract is unreadable because it was faxed to me and I do not have an original one that is why I called the owner who told me this clause appeared on the contract

[ScottGem]

So tell her to send you a legible copy with your signature on it.