0
Is it legal for the tenant to hold your deposit till the lease contract is finished even if the contract is broken?
Wiki User
∙ 8y ago
If the tenant broke the lease via a material breach, the tenant may forfeit his security deposit. However, if the landlord has breached the lease, he must return the full security deposit.
Wiki User
∙ 8y ago
Add your answer:
Earn +20 pts
What can you legally charge a tenant as far as 1st and last month and or security deposit when initiating a new contract with new tenant?
Depends on the state
If your tenant cuts there contract short do you give back the security deposit?
It depends on the reason why the contract was cut short. Was it the fault of the Landlord or the property. Or was it for no reason at all, just that they wanted to terminate the contract. If it was the fault of the landlord or the property, then the security deposit should be returned if no damage to the property was caused by the tenant. If it was terminated for no reason at all then it shouldn't be returned. And it probably depends on what the contract says, as well as laws in the area.
Your rental had a flood due to a faulty plumbing fixture The landlord and you agreed your family will move out as soon as possible What are your rights concerning your security deposit?
your security deposit is for DAMAGES caused by the tenant. Note this is major damages (broken windows, holes in the walls), not normal wear and tear. This flood was caused by faulty plumbing, not the tenant, so the tenant's security deposit should not be effected by this. Therefore the tenant should get his security deposit back, unless there were damages caused by the tenant themselves (not by the flood).
Is the tenant responsible for a broken window after the landlord returns the deposit in full and satisfied a week later?
As a general rule, return of a deposit does not, by itself, constitute a waiver or release of any claims that might have been covered by the deposit. In many cases, the deposit laws are much more strict than ordinary contract or tort laws, meaning the landlord may have little choice but to return the deposit and file a lawsuit later.
What if tenant doesn't cash security deposit check within 30 days?
Then the Tenant can ask for the check to be refreshed. The deposit is the Tenant's money, not the Landlords.
Why does a lease gives both the tenant and the landlord security?
A security deposit is a refundable deposit that a tenant pays to their landlord before they move into a property As long as a tenant abides by the terms of their lease, this deposit should be returned to a tenant when their lease has expired. There are certain situations where a landlord is allowed to keep all or part of a tenant's security deposit.
Can you break your lease if you have been threatened?
A contract of lease cannot be broken if the tenant has been threatened by his neighbor unless the landlord permits. A tenant can talk the matter over with his landlord.
If the landlord voids a lease in writing before the tenant moves in and promises to return the tenant's deposit in writing but the money doesn't show up does the tenant have any rights?
Probably, depending on what you've signed beforehand. Was it a holding deposit (a couple of hundred pounds) to secure the flat or a security deposit (5 or 6 weeks rent) to be held for the duration of the tenancy? If it's a security deposit, then yes. If it's a holding deposit, it's trickier. I just hope you had a receipt. After 500.00 any contract must be on writting. To this case is up to the judge now...
If evicted does the secutiry deposit still get refunded to the tenant?
The security deposit should be applied to the arrearage (including any court costs), and any remainder returned to the tenant. Does the landord need to notify you how your deposit will be applied.
Does the tenant pay for a broken shower screen?
Has the tenant broken it? no one was present when the glass shattered.
What happens to a tenant's security deposit when the building is sold?
In most states the security deposit remains the property of the tenant regardless of who owns the building, and state laws may require the old landlord to inform the tenant who the new owner is and where the deposit money is being kept.
What if the landlord wants me as the new renter to give the security deposit money to the last tenant and they left the place in a mess?
Giving the security deposit to the old tenant is a bad idea under any circumstance. Keep it simple - give it to the landlord. If the place is a mess, tell him (in writing) that you're not paying him the deposit until he cleans the place up. But, pay him the first month's rent, so you have a consummated contract.
