Security Deposit Return.

[Jason Griffin]

Hello BP,

I had a couple sign a 1 year lease with me and pay a $1000 security deposit on May 8th. Their move in date was set for June 30th. I was notified by the couple on May 24th that they want to break their lease because they "might separate".  They never moved in, they never received keys, that was all set to happen May 30th as described in the lease, so they could begin moving items in the house. I am actively searching for a new tenant. My property is listed on several sites & I have a for rent sign in the yard. 

If I don't find a tenant by July 30th, am I legally able to keep their deposit and apply it to lost rent, since I haven't found a qualified tenant after reasonably trying to mitigate my loss/damages. 

Any info is appreciated. 

Thank you!

[Anthony Wick]

@Jason Griffin

Not sure all your dates are correct, but what does your lease state? And your state laws? My state laws say landlord must attempt to mitigate their losses. But if you do lose rent then you most likely can charge them and/or keep their deposit for your losses since they did sign a lease. Be prepared to show your efforts to find a new tenant quickly.