Security Deposits

What are the rules governing security deposits? How much can a landlord require, when can a landlord keep a deposit, and how long can a landlord keep a deposit after the tenant has moved out?

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Breaking Future Apartment Lease and Getting Back Deposit

Since a lease is a contract, once a tenant has leased an apartment or other premises, he or she is responsible for the entire amount of rent owed under the lease, for the whole term. This is the case even if occupancy hasn’t started yet. A deposit on the apartment or other premises paid to hold the unit would be forfeited if the tenant breached the lease.

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Tenant’s Rights When Lease Falls Through Before Signing

Can a landlord change his or her mind after a deposit is paid but before a lease is signed? Security deposit refunds are often a matter of state law or even city ordinances. As such, the rights conferred by security deposits (and rights to recover security deposits) vary greatly all over the United States. Generally, however, if you give a security deposit for an apartment that you don’t ever take possession of or sign a lease for, then you are entitled to have the entire deposit returned.

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