Re: tenant filed Bankruptcy, security deposit return?

Re: tenant filed Bankruptcy, security deposit return? by John on November 21, 2018 @12:46

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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Re: tenant filed Bankruptcy, security deposit return? by Daniel (CA) on December 15, 2018 @02:01	[ Reply ]

The Cap Briefly Explained The amount of the cap is based on the rent remaining to be paid under the lease for the greater of (i) one year or (ii) 15% of the term of the lease remaining after the earlier of the bankruptcy filing date or the landlord’s recovery of the leased property (by repossession or tenant’s surrender), but not more than 3 years. Since you have 1 months deposit and this is less than the 1 year limit then doesn't this mean that you can still charge the tenant for the damages < up to the greater of the one years rent amount ?

Re: tenant filed Bankruptcy, security deposit return? - Landlord Forum thread 358754