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mysoccer6
May 29, 2010, 09:56 PM
There are three leasees on a lease. There is one month left in the lease. One has a job transfer, one goes to college and there is one left. The property manager has agreed to release the renters from the lease. The property is vacated by the tenants, the manager has done the walk through and said the premises are acceptable in regards to the cleaning. The tenant hands over the keys and manager keeps the deposit as the last months rent payment. If the premises are rented (within 3 days of the keys returned and walk thru), can the deposit be required to be returned to renters?

AK lawyer
May 29, 2010, 10:29 PM
There are three leasees on a lease. There is one month left in the lease. One has a job transfer, one goes to college and there is one left. The property manager has agreed to release the renters from the lease. The property is vacated by the tenants, the manager has done the walk through and said the premises are acceptable in regards to the cleaning. The tenant hands over the keys and manager keeps the deposit as the last months rent payment. If the premises are rented (within 3 days of the keys returned and walk thru), can the deposit be required to be returned to renters?

If the LL agreed to release the tenants from the lease, I don't see why not?

RickJ
Jul 2, 2010, 04:13 AM
The landlord can probably not be forced to return it but it cannot hurt to ask.

Typically the deposit is "as security for [the tenant's] faithful performance under the Lease".

Did you get the agreement in writing from the manager? If so, did it address the security deposit?