Is a tenant entitled to a security deposit reimbursement?

The tenant gave me a notice to vacate the property less than 30 days from the expiration date of the lease. The expiration was set for 11/01 of last year and he gave me the notice on 10/18. However, he stated that he would stay until 11/18 and offered to pay a pro-rated amount for that partial month. Is that a breach of contract? Is he still entitled to have his full security deposit back? He sued me for the deposit money and we came to an agreement before court where I paid him back his deposit money in full. However, now I’m thinking he breached the contract and I’m wondering if I can sue him to have at least part of the deposit back. Can I sue for deposit money that was already returned back to him?

Asked on October 9, 2017 under Real Estate Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your question is answered by the words "we came to an agreement": whatever your rights might have been had you *not* voluntarily came to an agreement with the tenant, once you came to an agreement, that agreement took precedence and you are bound to it; you cannot legally think better of the agreement and take legal action now.

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