and not applied against any amounts owing by the Resident, and
Resident shall be obligated for the next month's rent.
(ii) If the Resident vacates the premises prior to the expiration of the
lease, the security deposit will be completely forfeited and not
applied against any amounts owing by the Resident, and
Resident shall be obligated for the rental payments for the
remainder of the term of the lease, or until the premises have
been re-rented, whichever is less. [Emphasis in original.]
According to Gebreseralse, she noticed a number of problems when she first
moved into the townhouse. By July 2017, an exterior door would not lock, and
Gebreseralse discovered persistent dark mold. She was constantly worried about her
children’s well-being. Gebreseralse spoke with on-site management about the issues
and was assured her concerns would be addressed. She did not, however, provide her
complaints in writing.
Several months passed without remediation of the problems in the townhome.
On October 16, 2017, Gebreseralse and her children moved out of the apartment
without prior written notice to the landlord. At that time, Gebreseralse had not fully paid
rent for September and October.
In November 2017, the landlord sent Gebreseralse a Statement of Security
Deposit Accounts with an outstanding balance of $11,934.67. A second Statement of
Security Deposit Accounts from December 2017 showed a revised balance of $4,750. 1
This accounting included a $1,400 charge labeled as “forfeited security,” which the
landlord claimed was for November rent. The townhome was re-rented in December
2017, so no further charges were assessed.