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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 16622
Experience:  Attorney experienced in Landlord-Tenant Law.
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My landlord put a 1650$ non-refundable deposit on my lease

Customer Question

My landlord put a 1650$ non-refundable deposit on my lease agreement. I was new to the state of Hawaii, and desperate for an apartment when i signed it. It says I can't use it as my last month's rent, but in 25 yrs of renting, I've never come across this. Do I have any options? I'm moving out this month, but can't afford to pay the full month rent in 5 days from now... Im confused..
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Kihei,Maui Hawaii
JA: Has anything been filed or reported?
Customer: no. I haven't given notice yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I've been a very good tenant, no damages to property at all.. Just had a roommate leave me w all the rent to pay, now I have to leave. I would like to know if I have any options for my next 30 days?
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  Alex J. Esq. replied 8 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Was this a security deposit that would be returned upon the end of the lease?

Customer: replied 8 months ago.
It was a non refundable deposit, which I wasn't aware of that is even legal. Housing in the state of Hawaii is so limited that landlords here get away with just about anything!!!
Expert:  Alex J. Esq. replied 8 months ago.

Thank you for your follow up.

Was this a written term and did you sign the lease which contained a term for this non-refundable $1,650 deposit and tendered the deposit to the landlord?

Customer: replied 8 months ago.
Unfortunately yes.
Customer: replied 8 months ago.
She would have to evict me if I don't pay. I plan on vacating in 20 days anyway
Expert:  Alex J. Esq. replied 8 months ago.

Thank you for your follow up.

Unfortunately, generally, if the written lease contained such term and the tenant(s) signed the lease, then the term would be legally binding and the tenant would have to pay the monthly rent in full, until the lease ends.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and good luck!

Expert:  Alex J. Esq. replied 8 months ago.
Expert:  Alex J. Esq. replied 8 months ago.

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