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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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