security deposit return

This is a general question about the wording of a residential rental lease. In the original lease, the terms of which were fulfilled Jan 31, a paragraph states

"In case Lessee desires to vacate said premises during the term of this lease agreement, the Lessee herewith agrees to advertise said property at Lessess's expense and show the premises to prospective tenants and further agrees to pay one-half of one month's rent to Agents as liquidating expense, but said Lessee will not be released from this contract until a new lease is executed and approved by Lessor, and the sam shall prevail in the event of Lessee's default under this agreement."

The conditions of the situation are as follows: At the end of the original lease term, I agreed to go on a month-to-month lease agreement, with the understanding that I would give 60 days notice prior to vacating premises. On Feb 1, I paid Feb rent and gave written notice of 60 day intent to vacate, with the addtional condition that if a new lease was executed prior to the end of that period, I would not be under obligation to pay the second month's (March) rent. I did not live in the apartment for Feb, though I had paid for the month in full. I sent in my March rent, and it was returned to me with a letter stating that the property had been rented. However, when I received my security deposit refund, it was short $237.50, one-half of one month's rent. I was told that this was to fulfill the above paragraph's obligation to pay for liquidation fees.

My confusion here is how I am obligated to pay these fees when I don't think I have fulfilled the conditions of "desiring to vacate the premises during the term of this lease agreement." Can anyone help clear this up for me? The property management agency is sticking to their guns that I owe at least for advertising fees. It is my argument that I don't owe for these since I fulfilled the term of the lease (60 days, unless a lease was signed within that time period).

Does the month to month lease state that you must give 60 day notice and include the paragraph you quoted?

There was no official month to month lease other than a written letter that I sent to the property manager informing them that I agreed to a month to month arrangement at a slightly higher monthly rate, and that I would give them 60 day notice to my moving out.

The letter that I wrote giving that notice was approved under the condition that I would not be responsible for the second month's rent if and when a new lease was executed.

As for the original lease, I was informed by the property manager today that it was in effect. The month to month arrangement and the conditional 60 day notice were addenda to the original lease.

Does not sound like the paragraph you quoted applies to a month to month holdover tenancy. I think you might want to research the laws in your state as to month to month leases following a year lease and what the standards are.

Look, they are not going to refund your money. You will have to take them to small claims court. Assuming the law is on your side the judge will award you the money that they witheld. You may also want to look into penalties for bad faith retention of security deposit. Most states have fines that you can sue for on top of the amount not returned.

Good luck.