Tenant leaves month 5 on a 1-year lease, is security deposit kept?

Question

Tenant signed 1-year lease with no terms of early termination, lost her job and gave me 30 days written notice.  Can the security deposit be kept on this basis alone?

Thank you for your reply,

Yvette

James Wise · Answer

Yes you can keep the deposit to offset costs of remaining rent owed to you. Yo0 may also go after her for the rest of the rent. Check state Law b/c they are different but alot of the time you can not collect double rent. So if you get someone in there to replace her and you only had it vacant for 2 months you can use the deposit to cover however much of those 2 months it covers and go after the remainder of those 2 but you can not collect for the remaining  5 months.

Aron Rogerson · Answer

Hopefully your situation works out ok, but just a tip, Make sure you read your state statutes on landlord tenant laws. Also you will have to do a claim against deposit before officially ''taking it'' from her.

Good luck, I have seen my fare of tenant's leaving early :(

Edit: Here you go, even has a section about breaking the lease.

http://www.oag.state.md.us/Consumer/landlords.htm

Yvette Dietrich · Answer

Lynn, very good point about the notice.  I guess we are lucky as she did give us 30 days, moved out, left small repairs with lots of painting and cleaning still to do.

Thanks James for the info overview, and Aron for the web link to Maryland law.

Thanks so much,

Yvette

Lynn McGeein · Answer

Is she gone yet?  Just wanted to point out that if she's given 30 days' notice then actually leaves, it could be best scenario for you if she lost her job, even though a turnover that soon is annoying.  If she has nowhere else to go and no employment to qualify for another place, she could try to stay an extra month or two until you can evict her.  If she's late on rent, I'd be issuing proper notices even if she's already given you a 30-day notice just in case she doesn't go as planned.

Tenant leaves month 5 on a 1-year lease, is security deposit kept?

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