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tenant filed Bankruptcy, security deposit return? - Landlord Forum thread 358747








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tenant filed Bankruptcy, security deposit return? by Lee on November 18, 2018 @12:08

                              
Tenant filed Chap 7 on last day of lease. Removed property items and left damage behind. Now tenant listed "Rent" instead of security deposit of $800 under their personal assets and listed it under exemption. From what Ive read I cannot withhold any of the security deposit now.


Do I have any recourse? Bankruptcy discharges debts not theft or damage does it? And the damages were discovered after they moved out and filed, so I would think this would be a new debt and not included even though they did the damage before they filed. Help!
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Re: tenant filed Bankruptcy, security deposit return? by John on November 21, 2018 @12:46 [ Reply ]
Unfortunately,

Based on this, you may have to return some of the SD back to his/her estate. This is new to me and I've just started reading this. I figured that the SD is never returnable if there's damage.

Based on this you use the formula presented in (i) and (ii).

http://www.haynesboone.com/Alerts/tenant-bankruptcy-can-result-in-loss-of-landlords-security

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