Landlord Question and Answer Forum

Forum / Leasing Issues / Retaining security deposit for terminating lease

If a renter breaks the lease by moving out early and we then rent the property for less, after trying for a month to obtain the same rental terms and amount, can we deduct the difference from the security deposit for the months that would have remained on the lease agreement in Montana?

Daneel S, MT on Tuesday, February 27, 2018

RE: Retaining security deposit for terminating lease

was there any left after paying for the month of vacancy until you rerented it? If so I would think you can.

Posted by Scott H, VA on Thursday, March 1, 2018

RE: Retaining security deposit for terminating lease

Yes you can, as they are responsible for the full amount until the end of the lease. The landlord is only responsible to the length of trying to re-rent to mitigate damages. You could also deduct any advertising to get a new renter in. You should check you state law to be sure,but that should be the case.

Posted by Sandra P, MN on Monday, March 5, 2018

Return to the Leasing Issues Forum

Read related Leasing Issues Articles

Documents related to this forum

Articles related to this forum

Does Your Special Property Need a Lease Agreement?
Posted April 24, 2017 Reader Rating:
My Tenant Backed Out of the Lease - Now What?
Posted December 22, 2016 Reader Rating:
Should I Call a Lawyer?
Posted November 10, 2016 Reader Rating:
Should Your Rental Lease Have a Marijuana Clause?
Posted July 27, 2016 Reader Rating:

Highest Rated Discussions
how much money to collect now? Author: Wilfred C, NJ Updated: 04/03/2019 Rating:
Tenant moved out before lease expiration Author: K2 V, CA Updated: 04/03/2019 Rating:
Unauthorized Occupants Author: Jaspreet D, VA Updated: 06/17/2015 Rating:
Renting to someone who had bankruptcy/foreclosure Author: Trevor R, IL Updated: 11/11/2013 Rating:
Tenant Lost Job Before Move In Date Author: Daniel P, AR Updated: 03/22/2016 Rating:

The forum is completely free to anyone! If you wish to post a message, you must log in. If you are not registered already, Join today to create a free account!

Any comments and opinions that are expressed by the users of this forum are solely those of the authors, and have not been reviewed or approved by ezLandlordForms.