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Re: Tenant Broke Lease-Security Deposit Statement - Landlord Forum thread 361172

Re: Tenant Broke Lease-Security Deposit Statement by Deborah on March 14, 2021 @20:01

                              
The Lease Agreement clearly states if the tenant doesn't fulfill all obligations of the lease the security deposit if forfeit. Since she broke the lease early she hasn't fulfilled all of the lease obligations.

The Lease Agreement is also clear that the Security Deposit cannot be used towards rent, that she is responsible for rent until I find a new tenant, and the difference in rent until the end of her lease term if I cannot rent it out again for the same price. I have close to 100 pictures of the condition of the property when she moved out.

Since the Security Deposit is forfeit to begin with she is starting at a $0 credit balance for her Security Deposit. In other words , there is no credit that can be used towards everything else she owes.
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Re: Tenant Broke Lease-Security Deposit Statement by Garry on March 15, 2021 @10:14 [ Reply ]
I think you are wrong about the SD being "FORFEITED", just because that wording is in your signed lease, and the T broke parts of your lease. I doubt you will find the word "forfeit" in any state laws anywhere in the country, regarding the SD. Remember, your State LL/T laws override anything that is in your own personal lease. If your LL/T laws don't use the word forfeit, you can't either. Wordings in private leases cannot be "stronger" or "more punitive" than a state law allows.

I do agree with you that there are all kinds of things you can charge against their deposit. But you must start out with the actual SD amount (not $0), and then start claiming all kinds of deductions against it. I would suggest you re-read your state LL/T laws before you send out the SD statement to your former T. Once you send that statement out, that's what a judge will want to see in court. And you don't want to be wrong on your statement that a judge will be scrutinizing.

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