[OK] [OK] Can I recover my security deposit if I break a lease?
I am disabled and the home I was renting was making my disability worse. I had to leave the rental early. The landlord knew the home was making it worse. Can I recover my security deposit?
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Got it.
I am sorry to hear of this issue. Since you broke the lease, the landlord may contact you for a lease break fee if there was one included in the lease. If there was not a fee, you would be responsible for the rent until the landlord finds a replacement tenant or the lease expires—whichever comes first. The landlord does not have to return the deposit until all fees are settled for a broken lease (§ 41-115), and they can deduct for any fees that have not been paid. Most people who break their leases do not receive the deposit back.
If at any time you need an attorney to assist you, you can contact your local bar association and ask for a referral. You can also contact your local legal aid society—they offer free and low-cost services. Another good resource is your local law schools; many have clinics with attorneys that can assist in these types of cases. Again, I am sorry to hear of this issue. If you have any follow-up questions, I will be happy to assist.
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I am disabled and the home I was renting was making my disability worse. I had to leave the rental early. The landlord knew the home was making it worse. Can I recover my security deposit?
Lexi, Chatbot
I'm sorry to hear about the difficulties you faced with your rental home affecting your disability. Were these issues related to the landlord's knowledge of your disability and the impact the home was having on it?
Yes.
Lexi, Chatbot
Did you provide the landlord with any documentation or communication regarding how the home was affecting your disability before leaving the rental early?
Yes.
Lexi, Chatbot
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with your situation.
No.
Charlie
Hello, my name is Charlie and I am a licensed attorney. I would like to welcome you to AskaLawyer! I am sorry you are experiencing these issues but I will be happy to assist you with your questions today. Please allow me a moment to review your question and I will be right with you.
Which state do you live in?
Thank you. I live in the state of Oklahoma.
Charlie
How much time was on your lease when you moved out?
I moved in on 9/29/24 and gave a 30-day notice on 12/23/24.
Charlie
Was the lease for one year?
Yes.
Charlie
Did the landlord agree to let you break the lease?
Prior to my 30-day notice I contacted him and told him about the home worsening my disability and that I couldn’t stay in the home. I was renting hotel rooms and staying with family and friends while paying him rent, and I told him that I would have to find a new place.
Charlie
Understood, but did the landlord agree to let you break the lease?
When I told him I would have to leave, he just said “OK” and that he understood. That was his word-for-word reply.
Charlie
Have they contacted you for any further payments since you moved out?
No, I was paid up until February 1st.
Charlie
Got it.
I am sorry to hear of this issue. Since you broke the lease, the landlord may contact you for a lease break fee if there was one included in the lease. If there was not a fee, you would be responsible for the rent until the landlord finds a replacement tenant or the lease expires—whichever comes first. The landlord does not have to return the deposit until all fees are settled for a broken lease (§ 41-115), and they can deduct for any fees that have not been paid. Most people who break their leases do not receive the deposit back.
If at any time you need an attorney to assist you, you can contact your local bar association and ask for a referral. You can also contact your local legal aid society—they offer free and low-cost services. Another good resource is your local law schools; many have clinics with attorneys that can assist in these types of cases. Again, I am sorry to hear of this issue. If you have any follow-up questions, I will be happy to assist.
They had a tenant already in place and rented it out while I was still paying.
Charlie
That's good. Once all fees are settled, they should return any of the deposit that is not used.
And is there an ADA or FHA act that helps in these circumstances?
Charlie
No, you would either need the landlord's or a judge's permission to get out of a lease.
They said they aren’t returning anything. My question is: am I entitled to recover anything and should I pursue it?
Charlie
That is up to you whether to file a small claims case or not for the return of the deposit.
That’s my question—legally, if it is impossible for me to stay in the home, can I recover anything? I do not want to pursue in small claims if I am not entitled to any recovery.
Charlie
Depends why they withheld the deposit. You would need to ask them for an itemization so you can see what they withheld for.
Charlie
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