If my tenant breaks the lease, do I have to return the security deposit?

I am a landlord of a residental property and my tenant broke the lease and moved out of the property. Am I entitled to keep the security deposit? She did give a 30 day notice and I have re-re-rented the property.

Asked on July 17, 2012 under Real Estate Law, Mississippi


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not you are entitled to keep the security deposit of the tenant that broke the lease for past due rent depends first upon what does the presumed written lease say on the subject. As such, you need to carefully read the lease in that it sets forth the obligations owed to you by the tenant and vice versa.

If the tenant damaged the rental, then you can debit the amount of the repairs for the damages and send the former tenant the balance with back up documentation for the charges. Be sure to return any unused security deposit within the required time period of your state's laws on the subject.

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