Can a landlord keep the security deposit as payment for finding a replacement tenant?

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04/21/2015 | Author: TAR Legal Staff

My tenant wants to terminate his lease three months early because of a job transfer. I agreed to end the lease early and have found a new tenant to replace him per Paragraph 28(B) of the TAR Residential Lease, but I’d like to keep the security deposit as compensation for the extra work. Can I?

Under the TAR Residential Lease, you can deduct from the security deposit the sum agreed to in Paragraph 28B(4)b, plus any other allowable charges under Paragraph 10D. There is never an automatic right to keep the security deposit. Rather, any amounts retained will have to be justified under the lease.

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Categories: Legal, Landlords
Tags: legal, property management, renters, landlord


Scott on 08/04/2015

Ryan, can you not read for yourself??? The answer to your question is YES, that is NOT correct. Renting is not “all about” the landlord. Tenants also have legal rights! And NO, the deposit is not free money to subsidize your income or entertainment expenses. If the tenant has left the apartment in good condition, and especially if the reason they’re terminating the lease early is justified (e.g., landlord fails to maintain the property in acceptable condition) you must return the tenant’s money!

Ryan Cox on 04/22/2015

I always thought that if someone was terminating their lease early (TAR residential lease) they were to forfeit the deposit. Is that not correct?

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The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

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