Should I get to keep my security deposit?

Question

I am renting a home in Kansas. I recently found out about a job relocation, I quickly spoke to the property management company to see if they could find a new tenant. They found someone to rent the home very quickly and I am to be out of the home by May 9th. They told me they would be keeping the security deposit since I only lived in the home for 6 out of the 12 month lease even though the home will have 0 loss in occupancy.

I just wanted to see what you all thought about this. If in fact this is the way it should work I will let it go.

The contract does state the deposit will be forfeited if there is any "failure" of the tenant. But from what I gathered reading online on Kansas rental laws it does not seem clear If this is legal? Please correct me if I am wrong.

Thank you.

James Wise · Answer

They cannot collect the last 6 months if they have a new tenant in place.

Trevor K. · Answer

Maybe in Texas it is legal to screw people over for breaking a lease, but not in most states.  In my state you need to actually have damages to keep a deposit.  Can they legally keep your deposit?  Maybe, my guess is no.  Will they keep your deposit?  Probably.  You can take them to court, but if you are moving you are likely screwed.

Richard C. · Answer

That's absurd.  Why do you give people advice like that?

They won't "turn him over to collections" because if they did, then as soon as he brought a lawyer in, they would be writing him a large check.

Christ.

Jean Bolger · Answer

It's unfortunate, but I think the above posters are correct- the "failure" is failure to complete the contract (lease). If you had a single hands-on landlord (a one-person business) that you were dealing with then you might be able to negotiate something-- or not. But as Matt D. said, with a property management company there are fees involved with every "turn" of a unit. Sometimes the management company charges a full month's rent to the owner to place a new tenant (more often is around 50%), plus they may have a policy of having the carpets cleaned between tenants or stuff like that. So somebody has to eat that cost. And in this case my friend, it is you. But if you are doing a job relocation for the same company (as opposed to just moving for a different job) then you should definitely talk to your company and see if they will reimburse you for some moving expenses, including this one.

Matt Sicignano · Answer

I agree with James. Here is a link to Kansas landlord /tenant rights.

http://www.hcci-ks.org/images/Kansastenantshandbook2007.pdf

It seems to keep a security deposit, there must be an actual loss specified. In other words, it can't be stated "liquidated damages, or " breaking lease" . If you indeed move out by 5/9, and the place is rented 5/10-you could argue that there was no loss to the landlord excepting the 9 days lost rent. If you paid rent through May, you seem to be entitled to a full refund of the deposit, less damages to the property. Expenses such as advertising, showing property, etc. are considered a cost of doing business, and you can't be charged for them.

Matt Devincenzo · Answer

It sounds like the "failure" of the tenant clause is meant as a lease breaking fee. I see your point that maybe it should have been more clearly spelled out as "lease breaking fee is XXX" and not just generically stated. Sounds to me though like they are legal in their application of that clause, though I don't know KS law specifically.

While they have 0 vacancy loss due to your move out, they will still have expenses since the PM will be putting some time into getting the new tenant in there. They probably are charging a leasing fee to the owner since they have to do walkthroughs and lease signing ect, so your lease breaking charge is to cover that expense.

Roy N. · Answer

It will really depend on jurisdiction.  Here a landlord's access to the security deposit would be no different than if the tenant left at the end of the lease - used to cover damages, cleaning, unpaid arrears, etc.

We can charge a minimal fee for the administrative cost of "altering the lease"(limited to $20-$30).  Once the property has been re-rented, the departing tenants obligations end.

Elizabeth Colegrove · Answer

In most of the states I operate in. The landlord cannot charge for their time. Thats why many charge a break lease Fee or violation clause fee. Best of luck

Trey Conley · Answer

Thanks everyone so much to take the time to reply to my question. I understand where you are coming from but in this case they had found a new tenant within a few days. I could possibly see taking some money for the time to acquire this new tenant away from the deposit (reasonable amount). So other than that I don't believe they are out much if any money at all in this particular case. I am paying through the first 9 days of may and the new tenant will begin paying on the 10th. From all the reading I have done online it seems to me in Kansas they are not allowed to keep the deposit for breaking a lease. They can only take from it for things they are able to itemize, failure to pay rent and damages of course. Now If they were required to put ads up and some man hours I am sure they could charge that to my deposit. I have sent them an email explaining that I disagree and to look at the Kansas landlord and tenant handbook on the bottom of page 15. If they refuse to settle up I wont take anymore action and just be thankful I am not responsible for paying the next 6 months.

Elizabeth Colegrove · Answer

As a fellow human being I understand where you are coming from. Life happened , another tenant was found . The landlord is whole why should there be any further penalty. As a landlord I can tell you I am not hold. We signed an agreement and I was not planning on having to deal with the house for x amount of time. Now I had to spend my time and effort (cost) getting this house rerented.

Honestly that's why I have a break lease  clause. So that it covers these issues. I charge 2 months rent and require 2 months notice to break a lease. This  covers my cost associated with finding a new tenant!

Should I get to keep my security deposit?

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