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Updated over 3 years ago,

User Stats

4
Posts
1
Votes
Lauren Kalisz
1
Votes |
4
Posts

Return of a security deposit for tenant that broke lease?

Lauren Kalisz
Posted

Hi All- 

Looking for insight on a situation I have with a previous tenant.  Long story short, their lease was due to expire on June 1, 2020, but in February they requested a lease break to exit the unit on April 1, 2020.  As per their lease, any lease break forfeits the return of the security deposit and tenant is responsible for the remaining balance due to the end of the lease term.  However, because they were good tenants I agreed via text message that if the unit could be occupied by April 1 and the unit was in good standing, I would give the security deposit back.  Come March 2020, the world has shut down due to Covid and the circumstances changed. I was no longer able to fulfill the text agreement as the unit was not filled on April 1 (It filled on April 15), I was unable to travel to the unit to make sure it was in good standing, and I was extremely financially uncertain at that time.  I offered them $1,000 of the $2700 as a gesture, but they refused it and are now taking me to court for the total amount.  My question is will this text hold up in court or will the lease terms override it'?  I feel like I do not owe them the deposit as per the lease, but wanted to see if pursuing this in court is worth the time. For reference, this is in New Jersey. I appreciate any advice or insight as this is my first legal obligation with a tenant! Thank so much!!

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