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Re: Tenant Broke Lease-Security Deposit Statement
by Garry
on March 15, 2021 @10:14
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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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