Our tenant just informed us that he is moving out a month before his lease is up...?

Question

and he wants to know if he will be getting his security deposit back? My husband wants to tell him "no" because we're going to be out a months rent! What do you think?

Answer 1

Tell him yes, he can get the deposit back if there is no damage to the apt. However, he will need to pay the last month's rent first since he did sign a lease.

Answer 2

Let him move... as long as you pays you rent for that month he is gone.

A contract is a contract! That's why you sign a "lease" in the first place. If you can just leave whenever you want, there would be no need to sign one.

Make him pay for the month OR refuse to return his security deposit.

Answer 3

Are you kidding? Tell the idiot he'll get his security deposit back when the lease is up, and when he pays rent on the month he's not living there.

Why even have a lease if he's just going to move out when he wants?

Answer 4

Your tenant owes the last month's rent. If he fails to pay it, you can legally deduct it from the security deposit, however, do not even discuss the matter until he has moved out and returned possession to you.

When it comes to discussing the return (or lack of) of the security deposit, it is best to stick with, "I will handle the security deposit return per the landlord tenant laws of our state." Period.  

Never tell a tenant that they are not getting their security deposit back until after they have completely moved out.

Some idiots will purposely damage your property because they feel since they are not getting their deposit back, they may as well make the most of it.

After the tenant has moved out, total up the rent owed and damages and send the security deposit accounting per your state's landlord tenant laws.

If the rent owed and damages total more than the deposit, the accounting will show a balance due. You can sue the tenant for any amount owed.

Answer 5

It really depends on what is lined out in your SIGNED lease agreement. Ours said that we had to give 30 days written notice and pay the next month's rent. We didn't have a deposit to begin with. If you don't have anything lined out in the lease agreement, I would say no because he's breaking a contract. Good luck!

Answer 6

the deposit is to cover any damages done on the property or to be used if the tenant moves out before the lease is up. If the deposit is, say, $500, If you apply the deposit to the missed out rent, and there are damages of up to $500, you are out that money.

Answer 7

What does your lease say will happen when a tenant breaks his lease? That should be the first thing you look at.

Answer 8

I think you need to tell him he's under a lease and will have to pay the last months rent even if he moves early!  Then if everything is in order he will get his deposit back, and if it isn't you will deduct for the repairs!

Answer 9

If he signed a lease for a certain amount of months then no matter how soon he moves out he is bound by contract to pay rent for that number of months.  He is entitled to his deposit once rent has been paid and there are no damages to the property.  If he does not pay the last months rent then you keep the deposit and take him to court for the balance or keep the deposit and call it even.

Answer 10

Look at the lease. Most will say the renter is responsible for all 6 or 12 months rent whether they move out early does not matter they still owe it. If so the amount would be deducted from the deposit and if more is due a bill would go to the tenant.

If it does not say that then you cannot hold the deposit refund.

Also the deposit refund depends on the condition of the rental unit. If repairs are needed then the tenant wouldn't get it anyway.

Answer 11

An intent to move out of an apartment should always be supported IN WRITING.  A verbal notice doesn't count.

If he signed a lease and it says he is committed to a certain date, you can hold him to it.  He either will have to pay that last month's rent or he loses that entire deposit.

But be careful, some states have clearly-defined tenant laws.  What does your state allow?

The security deposit is used to repair any damages, repaint, clean the carpet, even used for unpaid rent that's late.  The difference is returned to the former tenant.

If you can re-rent the place with a new tenant before that last month, you can repay the money back.

Answer 12

The way I look at it is legally you can keep the security deposit equal to the months rent PLUS any damages. Id want to know how long before the lease is up before he let you know.Is he giving you a notice that he will move when his lease is up? Meaning he will finish his lease then leave. If that is the case you have no right to keep the money. What are his reasons to move out. Id consider whats going on. Just an honest answer....Im a pretty nice person..so Id consider all those things

Answer 13

If a tenant breaks his lease (yes- that is what he is doing) he is NOT entitled to his deposit back.

Answer 14

well if it was me i would tell him, "no, because we will now be out a months rent it's what the deposit for"

Answer 15

He is legally obliged to uphold his part of the tenancy arrangement and its his loss if he moves out before the end of his tenancy.  Dont be so soft - make sure he pays up by keeping hold of the deposit monies - you are legally entitled to keep them.  After all, you will still have to pay your mortgage even though he's moved out.  Funny how tenants want landlords to be so fair with them, and then you find they want to write their own rules.  I guess he wouldn't be too pleased if you told him to get out a month early and left him in the lurch!

Answer 16

He is legally responsible for both the last month's rent, and any damages to the property.

You may apply the damage deposit to the rent payment, and bill him for any additional  damages.

Answer 17

If you have signed lease then you can keep his deposit. Will you be able to rent the place right away or will it take a month or more to rent out? Legally you can keep his deposit for breaking his lease. It is up to you whether or not you want to do that.

Answer 18

What does your lease you had him/her sign say?

If that isn't in there then I'd get a new lease.

Answer 19

Most leases stipulate that the security deposit cannot be used to cover unpaid rent.

Basically, the tenant owes you for the last month's rent, and you must return the security deposit minus any repairs that need to be made (which must be documented).

Plus, you owe him interest on the security deposit; did you know that?