Landlord Question and Answer Forum

Hello, I had a tenant break a one year lease, and destroyed my home in just 3 short months. Thankfully I did find a replacement, but I did have make a house payment out of pocket. Can I sue him for the damages to my home as well as the remainder of the broken lease? What about the costs of finding a new tenant?

Within 21 days after the teant leaves the unit, the landlord must refund your full deposit, or the balance of the deposit, if any with any deductions which must be itemized in an accompanying notice. The landlord may only deduct from a security deposit amounts that are reasonable to clean the premises for the next tenant, repair damages beyond normal wear and tear, and pay unpaid rent the tenant owed but did not pay. The costs of finding a tenant probably would not stand up in court should a tenant challenge it; and often times even though law may permit it in some states, a judge may challenge the deduction of the balance of a lease. Anything that is over and beyond the security deposit may be collected as well. In my experience though, it is pretty tough but I have been able to recover it on occasion.

Posted by Donna , NC on Saturday, March 27, 2010