If my tenant breaks the lease, do I have to return the security deposit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my tenant breaks the lease, do I have to return the security deposit?
I am a landlord of a residental property and my tenant broke the lease and moved out of the property. Am I entitled to keep the security deposit? She did give a 30 day notice and I have re-re-rented the property.
Asked on July 17, 2012 under Real Estate Law, Mississippi
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Whether or not you are entitled to keep the security deposit of the tenant that broke the lease for past due rent depends first upon what does the presumed written lease say on the subject. As such, you need to carefully read the lease in that it sets forth the obligations owed to you by the tenant and vice versa.
If the tenant damaged the rental, then you can debit the amount of the repairs for the damages and send the former tenant the balance with back up documentation for the charges. Be sure to return any unused security deposit within the required time period of your state's laws on the subject.
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.