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Updated about 6 years ago on . Most recent reply

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Laura Fazio
  • South Bend, IN
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Military 'broke' lease - do I have to pay back security deposit

Laura Fazio
  • South Bend, IN
Posted

I currently rent a condo in Illinois - 60030 - and had a military family in the home since Jan 2013. I did collect a $1300 deposit upon signing of original lease. Just this year, there was a change in orders and the lease was 'broken' 4 months early. Due to the military reassignment, I do not believe I can go back to them for the 4 months rent. 

My question is...am I legally obligated to pay back the security deposit per Illinois law? I have searched and searched and am unable to locate my answer. I also have questions out to a couple of attorneys and have yet to receive a response. 

I appreciate all the assistance anyone can provide. 

Thank you. 

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Patrick L.
  • Real Estate Investor
  • Saint Petersburg, FL
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Patrick L.
  • Real Estate Investor
  • Saint Petersburg, FL
Replied

The SCRA provides members of the military being deployed for more than 90 days the ability to break any residential lease.  You can deduct any damages to the property from the security deposit but trying to keep any part of the deposit as a punitive action for breaking the lease will be a violation of the SCRA. 

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