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
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