Can I Withhold a Deposit on a Rental if Any of the Lease Is Broken?

Can I Withhold a Deposit on a Rental if Any of the Lease Is Broken?

A tenant pays the security deposit to the landlord when moving into a house or apartment. The security deposit is an advance rental payment in addition to the first months rent. The landlord returns the security deposit to the tenant when the tenant vacates the rental unit. The tenant usually receives the full security deposit if the house or apartment is in the same condition as when first rented, taking into account normal wear and tear. If the tenant has broken the lease, the landlord might withhold part or all of the security deposit.

Collecting the Security Deposit

    The laws and rules about security deposits differ by state. In many states, the maximum security deposit is equal to two months of rent for an unfurnished house or apartment. Some states require the landlord to deposit the security deposit in an escrow account and pay interest to the tenant.

Returning the Security Deposit

    Many states require a landlord to return the security deposit within 21 to 30 days of the tenant moving out of the rental unit. If the landlord retains part or all of the deposit, an itemized statement is mailed to the tenant along with any remaining security deposit. Often a landlord and the tenant create a written document along with photos at the beginning of the tenancy describing the condition of the house or apartment. The condition of the house at the end of the tenancy is compared to the initial document.

Deductions from Security Deposit

    Laws in most states allow a landlord to deduct damages from the security deposit. Most leases require the tenant to maintain the rental unit in a clean and sanitary condition. If the tenant moves, leaving the house or apartment in a dirty condition, the landlord cleans the unit and deducts the cost from the deposit. If the tenant or anyone else in the house damages the rental unit, the landlord pays for the repairs and deducts the cost from the deposit.

Unpaid Rent

    When a tenant breaks the lease by moving out early, the landlord usually deducts the missing rent from the security deposit. If the lease requires the tenant to pay all or part of the utilities and the bill arent paid, the landlord pays the bills and deducts the amount from the deposit. If the security deposit does not cover the damages, cleaning or unpaid rent, the landlord may sue the tenant.



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