Posted on February 7, 2010.
What happens to my deposit if my lease is invalid? I live in DC and have recently discovered that I am in a lease illegal, it is a basement which does not comply with city codes, and therefore does not have a certificate of occupancy. According to DC regulation, a lease which violates this obligation is null and void. I informed my landlord of this. He knew he was renting illegally, has decided to let us out of our lease. However, he insists on maintaining the security deposit in the lease, which says it has 45 days to return it after inspecting the apartment to damages. My question is: Is it allowed to keep our deposit for possible damage (none exist) if the lease is invalid? Or do I require that the deposit be returned to me when I leave the apartment in 2 weeks?
If the agreement is null, it means that it sucks.
However, you will be able to recover your money from him is another story. If he did not immediately return your deposit, you can either wait or take him to court. Of course, going to court will take time and money, so better to just try to work something out with him.
Yes, it is allowed to retain the deposit if you have damaged the property in any way. It is his property. If it is damaged, you are responsible for repairs.
He already had the money, so that any legal action to challenge the file that you essentially be reversed if damage has occurred or if you return the reaminder you before any trial.
