Landlord Question and Answer Forum
The tenants leaving in my rental house broken the contract and they move out and are renting an aparment in the same area.
Can I hold the deposit?
Do they need to pay the rent for the rest of the rent term?
What can I do?
Medel P, AZ on Thursday, November 12, 2009
RE: Tenant broke the one year fixed term agreem
First things first: Every state has guidelines for the return of a security depost. Under Arizona law, the landlord has 14 days after the tenant delivers possession of the premises to return your security deposit in full; or deliver to tenant an itemized written notice of the damages or unpaid rent to which the deposit has been applied, along with any remaining amount of the security deposit.
As far as being responsible for the balance of the lease term, that would depend on your lease agreement. If it provides for this - than you would have to sue in court for the amount and in most states, landlords have the obligation to mitigate damages which means that you must do everything you can to secure another tenant as soon as possible.
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