Tenant move out after 2 weeks because of a robbery. do i have to give back the security deposit?

[Barry Alter]

I rented out one of my apartments to new tenants. after 2 weeks they had a robbery.the tenants were scared to stay in the apartment so they moved out. now they're asking back for the security deposit. what do i do am I supposed to give them back the deposit or not?

[Marcia Maynard]

Robbery means taking something by force or threat of force, such as with weapons.  Burglary means entering a building with intent to commit a crime, such as stealing.  Was it really robbery?  That would scare me too!  Burglary also would be unsettling.  

Was a police report filed?  If this is the real reason the tenant wants to move, and not a ruse, then I would let them out of the rental agreement without hesitation, without the normal penalty for early termination.  About the security deposit, it depends on the terms stated in your rental agreement.  You are a victim of the crime too in how it affects your business.  So you might want to split the difference for any security deposit left after the normal deductions for cleaning, damages, and unpaid fees/utilities/rent.

As the property owner, you need to make sure your properties are reasonably safe, but you can not guarantee anyone's safety.  We cover this in our rental agreement with the following statement:

"CRIME.  Landlord values safety and takes precautions to keep the property and community safe, however makes no guarantee about safety.  No city or town is exempt from crime today and Tenant acknowledges this.  Tenant agrees to take precautions for their own personal safety and to report crime in a timely manner if it occurs.  Landlord encourages Tenant to call 911 immediately to report crimes in progress and situations that are an immediate threat to life or property.  Tenant agrees to notify Landlord if there is a crime or suspicious activity on or near the property.  Landlord partners with Law Enforcement and will report all known crimes and suspicious activity as warranted."