Can I keep the security deposit if the tenant move out before lease ends?

[James Qiu]

I have a tenant who's moving out early. However he signed the lease to next March. So legally he is responsible for the remainder of the lease. The lease which is a standard CA rental lease also says the Landlord may withhold lost Rent from the security deposit. So does what mean I can legally keep all his deposit? If I can fill the rental quickly, do I need to refund the remaining depsoit after subtracting lost rent, cleaning, and other costs?

I'm pretty new at this, so any suggestions are appreciated.

[Donna Smolinski]

Jim Q,
If he moved out because of deployment, just have compassion and return his deposit in full, (other than a small cleaning fee). Don't waste your money on calling an attorney. If this ever goes to court, the judge would most likely rule in favor of the marine. When you rent to someone in active military, there is always the risk of deployment. Personally, I would thank him for his service, and wish him the best and return all monies, unless he left the place a mess. If he left it a mess, you better document it with photos and only debit him the actual cost of repairs.

Yes, I do understand that it's not always easy to get a quality, stable tenant in Oceanside. Just screen the new tenant good and you should be fine.