Landlord Question and Answer Forum

Can I legaly keep their security deposit

I have tenants moving out soon that I just found out were violating the lease three ways. First, they had a roommate living with them that was not on the lease (probably charging rent), second they were running a business out of the home when the lease says "residential use only" and third they had unauthorized animals in the home. Can I keep all or a portion of their security deposit due to their deception.

I know that here, a landlord can only retain the security deposit for reasons that are stated in the contract that are directly related to the reason for the security deposit, i.e. misuse, damage etc of the property.

Posted by James W, NE on Sunday, December 13, 2009

Deception is not a reason to keep security deposit, only a reason to terminate lease. If they are moving, meaning lease terminated, you can keep it for things like unpaid rent, utilities, damage to property,ect. Did the animal leave an odor or damage that would cause for something to be replaced?

Posted by octavia p, VA on Tuesday, December 29, 2009

HELL YEAH I NEVER RETURN SECURITY OR FIX ANYTHING MAN UP WHEN THEY TAKE YOU TO COURT JUST TAKE A PERSONAL DAY IF WORST COMES TO WORST YOULL GET A JUDGEMENT THAT THE COURT CANT COLLECT ANYWAY IT WILL JUST BE A BLEMISH ON YOUR CREDIT LOL

Posted by HENRY A, NJ on Wednesday, December 30, 2009

Talley up the damage caused by the animals and the excessive cost to clean it because of the animals and deduct those from the security deposit for sure.

Posted by Amanda R, TN on Wednesday, December 30, 2009

My renters verbally let me know they were going to break their lease here in California. They were into their 4th month of a 1 year lease. I found a new renter and they paid for the additional 2 weeks until the new renter moved in. They expect their full security deposit back. I thought the reason you had them sign a lease is to prevent this type of situation. They left the place nice and clean. Can I deduct my expenses such as advertising, phone, my time and trouble from the security deposit. Aren't they responsible for the full amount of the lease?

Posted by Karen G, CA on Monday, February 15, 2010

Karen....in CA, No, they may not be responsible for the full lease term amount. You can deduct any amount spent to find a new tenant, excluding your time. You can also deduct rent until a new renter moved in....which it appears they did. The next time you get a verbal, thank them and ask for a written notice effective the date they informed you. Tell them that you must receive the notice in 3 days or you will consider tha notice null & void.

Posted by Stan M, CA on Saturday, February 20, 2010