If my tenant wrote to inform me that they were breaking their lease, am legally required to return the security deposit?

They’re leaving the apartment but their lease doesn’t expire for about another 7 months.

Asked on September 24, 2012 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are allowed to apply the deposit to the rent which they will owe you for the unexpired term of the lease--i.e. for the next seven months. Therefore, while you need to send them a letter spelling out their obligations, their default, and why you are keeping the money, you are allowed to keep it.


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