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cool g | If a tenant signs a year lease and decides to leave after 3 month, legally do I need to give them the deposit? |
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 |
 
reenzz
 |
Yes you can keep the deposit to put towards any unpaid rent/damages. You can also take the tenant to court and sue for the balance of the lease. |
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deb1975@sbcglobal.net
|
No...and you could also charge them money for breaking the lease. |
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gafpromise
|
If they're breaking the lease then the lease should have language about what to do in this situation. If it doesn't you should put it in for next time! I would think you would be entitled to keep the security deposit and continue charging them rent. However you do have a duty to mitigate your damages by finding another renter for the unit ASAP. |
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Tilt-A-Whirl
 |
No! and you should be asking for a majority of the money for the whole year. They signed a lease for a year, not three months.
If I were to break my lease I would be liable for the money owed for the whole year unless I sublet my apartment. |
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Dusto Lover
|
No |
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new nanna
|
No you dont have to give them the deposit back. They took on the responsibility of paying rent for a full 12 months and as long as they signed the tenancy agreement, then you are quite within your right to keep the deposit monies and make them pay the fees to find another tenant - either the advertising fee or the agency fee. So many tenants expect a landlord to let them out of the lease they signed and obligated themselves to, yet wouldn't like it if you tried to get them out of the place within 3 months. They think you have nothing better to do and you are loaded!!! If only! |
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velcropap
 |
i wouldn't think so. have to ask a lawyer. |
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Trouble
|
You always have to at least account for the deposit per your state laws.
The tenant is liable for the rent until either a replacement tenant is found or the lease expires.
The tenant is liable for any costs per your lease (early termination fees) and that you may incur due to their breach, such as advertising costs, agent fees, etc.
You deduct any rent owed per the lease, any costs incurred due to their breach and any damages to the premises from the deposit. If the costs are greater then the deposit, you send the accounting and a bill for the amuont due. |
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Gil R
|
Actually he has a year lease and you can charge him for the time it takes to put someone else into the apartment. IF you left him an out in the lease you have to go by that. Whatever you put in writing is binding. You can bargain with him that in lieu of holding him to the lease you will retain the deposit. |
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abacaxitoo
 |
Don't confuse DAMAGE deposit for SECURITY deposit.
You have to do the following.
1 - Follow the laws about "abandonment" ... find and download your states Landlord Tenant laws and follow the steps for what to do when a tenant skips.
2- Make a good-faith effort to rent the place as soon as possible. You can't sit on your butt and collect a years worth of rent in court. You also can't do two months worth of renovations and try to collect rent from them for those two months.
2 - If the place rents, you owe the tenant whatever portion of the deposit was not needed. For example, you have a 1-month "security deposit" and you rent it in a week, from a Craigslist ad ... you owe the tenant 3/4 of the deposit. If you spent $50 on a newspaper ad too, he gets 3/4 of the deposit minus the $50 for advertising.
3 - If there were damages above and beyond "normal wear and tear" they come out of the damage deposit and you return the rest.
If tenant has not given you their forwarding address, mail them a notice that basically says "I have your deposits, where do I mailthem". If they don't answer within the legal deadline, then you can keep the money. |
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