Landlord Question and Answer Forum

I have a Military Family that has been relocated to another state more than 35 miles from their current station, Colorado to Texas, and I have copies of the orders and notice to vacate but what is the law on the return of the deposit? Are they entitled to the return of their deposit even though they broke the lease and we have some questions as to the validity of the transfer as to whether it was a request or an actual transfer? Thank you, Marty White Whitepoint Property Management

First, if a military clause was used in your lease, generally as long as the terms are met, usually a 30 day notice, then the landlord must return the security deposit as long as there are no physcial damages or other charges owed. In my experience, however, it is best to permit a Service Member to give notice and vacate at the end of the notice period without any penalty. I have seen situations where there is no military clause used and a landlord although well within means of a lawsuit due to a tenant breaking a lease; losing anyway.

Posted by Donna , NC on Tuesday, November 29, 2011

Really? This guy is serving his country and protecting your rights and you want to keep his deposit because the military transferred him? You do realize that JAG lawyers cost him nothing and you could end up in federal court, right? I could see keeping portions of his deposit for damages, but not because he's serving his country. Regardless of any military clause in the lease or not in the lease, the law prevails. You either comply with the law, or face the consequences.

Posted by Doug H, KY on Saturday, February 11, 2012