Can a landlord bill you for security deposit after he has evicted you?

UPDATED: Nov 7, 2011

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Can a landlord bill you for security deposit after he has evicted you?

We started a business that has some setbacks because of fire codes and was unable to make our rent payments. The landlord was billing our security deposit in the rent payment. He has evicted us and he now wants his balance, but $3,000 of it is for security deposit. Can he do that?

Asked on November 7, 2011 under Real Estate Law, Mississippi


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the landlord that you had a rental for has evicted you and now wants the security deposit that you never paid, he or she can demand it from you, but what would you be willing to pay the $3,000 amount?

The purpose of a security deposit is to pay for any damages that the tenant may cause during his or her occupation of the premises. Since you no longer occupy the premises, I see no reason why you have any obligation to pay the security deposit.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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