Saturday, December 31, 2011

Does a Security Deposit have to be returned? What has happened was this. My tenants moved out after only be-

ing there for two weeks due to me not having an inspection done prior to them moving out. It is NOT considered non habital and after talking to a lawyer, he said that he wanted a meeting to seethe lease Oct 29. My tenants claim that the lease is not legal and they want their security deposit back. I am saying that they do not get it back because first, nothing was put into writing, I was not given the opportunity to fix the problem and that a breech of the lease has occured and I am entitled to keep their security deposit. In their lease that they signed, it says the security deposit is intended to pay the cost of damages, cleaning, excessive wear ant tear and unreturned keys once the lease has ended and/or for any unpaid charges or attorney fees suffered by the landlord by reason of tenants default of this lease. My attorney has said that they should have put the rent into an escrow account until the repairs were done or the inspection was completed. Has this happened to anyone?

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