If I’m breaking my lease early, can my landlord keep the security deposit if she said she wouldn’t?

UPDATED: Sep 7, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 7, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I’m breaking my lease early, can my landlord keep the security deposit if she said she wouldn’t?

We are moving from our apartment early. In an attempt to preserve our security deposit, we asked the landlord if we would be able to get back our deposit. She sent me a text message saying that it could be prorated. However, now she is refusing that there was an agreement, and will keep the entire security deposit. Is this allowed?

Asked on September 7, 2011 under Real Estate Law, Connecticut


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your landlord sent you a written message stating that your deposit (presumably last month's rent) would be pro-rated because you are ending your lease early, your landlord would seemingly be bound by her agreement on the subject with you.

As to the return of your security deposit, most states in this country have laws requiring the landlord to return one's security deposit within so many days of actual move out (21 to 45 days depending upon the state). If the full amount of the security deposit is not returned within the time period mandated by each state, the landlord is obligated to set forth in writing the debited amounts and include receipts showing the basis for any debit to the former tenant.

For your former landlord to keep the entire secuirty deposit seems to be without any legal or factual basis. If the amount is not returned, your option is filing an action in small claims court against the landlord.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption