opinions on returning security deposit

[Stephen S.]

Situation normal to start.  Really pleasant tenant so I took a shot on accepting their two black labs.  I normally have a no-pets policy  (which stems from bitter experiences and Urban Farming)  but allowed them in the case.  Two years pass and the tenant wants an eight month lease - due to work transfer - and I agree.

Five or so weeks before the eight months are over there is a break-in and some jewelry is stolen.  I have no idea why that is all that was taken but that's the report.  The smashed-out-of-it's-frame rear door is immediately secured and barred shut  (it is redundant and does not restrict safety egress).  The tenant, temporarily now a single young woman, soon states that she is afraid to remain there and moves out.

The interior of the house was always well kept and before moving out the tenant apparently  cleaned it well.  The fenced rear yard however was often not well keep and was well supplied with dog poop and dog-dug holes.  Incidentally;  a substantial part of my anti pet stance is that I ate, hate, HATE the smell of dog and cat poop and pee. <g>     

Now I do like the tenant and feel like they kept the house in satisfactory shape.  But . . .  they Are breaking the lease agreement by leaving a month early.  What are your opinions about returning the full security deposit as versus retaining the last months rent out of it?  My inclination is to pay myself the last month's rent out of the security deposit.

stephen

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[Theresa W.]

IANAL, but in a lot of states you can't keep security for rent.  However, it seems you've got plenty of justification for incurring costs from the dog cleanup.  Immediately securing the door does not seem like conditions for severing the lease.  You already did them a favor by giving them an 8 month lease, now they need to hold up their end of the bargain.  Rent for all 8 months plus whatever you want to hold back for pet damage.  just my opinion.