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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.