If a tenant breaks a lease, does he forfeit his security even if it is not stated in the lease agreement?

Asked on November 6, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, even if it is not explicitly stated in the lease agreement, the purporse of a security deposit is to reimburse the landlord for any costs to repair damage the tenant caused and for any rent the tenant owes but does not pay. When a tenant improperly breaks his/her lease early, he/she leaves owing rent for the remainder of the lease term (e.g. if the lease is broken 3 months early, the tenant owes 3 months of rent). The landlord may offset that loss with the security deposit.


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