can my landlord hold my deposit if he is lettin me out of my lease free

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can my landlord hold my deposit if he is lettin me out of my lease free

Asked on June 18, 2009 under Real Estate Law, Tennessee

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the landlord is letting you out for free the dpositi should be returned if there are no damages done to the apartment or need to fix/repair items.  the security deposit is separate and should not be taken.  However, if you agreed that he can take it as consideration for letting you out of the lease then he is within his rights.  I would need to see wheher there is a written lease or whether there is any such agreement to that effect.  He shouldnot however take the sec deposit.


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