Can the landlord refuse to use my deposit for an early termination fee?

I have lived in the same apartment complex for 5 years. Now I have bought a house and have terminated my lease early.

My termination fee is $1,000. I have $1,090 on deposit with my landlord.

They are not allowing me to use my deposit to pay the termination fee! They said they will continue to charge me my monthly rent until they receive the $1,000. In my lease it does not specify when the termination fee is due.

Can they do this???



FYI: I have completed a walk through with my site manager and there are no damages to the apartment, and the utilities have been paid up.

If they sue they will not have damages...but technically you are not supposed to offset rent with the deposit.

[mtrmth]

The other poster is correct. You can not use a deposit to cover rent charges or termination fees. Your deposit covers any damage to the apt, costs to make repiars, cleaning of the apt for a new renter and carpet cleaning and or painting. Why cant you take the refund of the deposit when you get it back and pay them off? Just make sure you give a notice to vacate as they can't charge you rent after the notice to vacate expires UNLESS you are not physically out...