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    lori66's Avatar
    lori66 Posts: 1, Reputation: 1
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    #1

    Jul 21, 2009, 06:52 AM
    Security deposit refund after breaking lease
    My tenants are living after 4 months, they signed a lease for 6 months. Should I give them the deposit back? should they pay for the other 2 months?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 21, 2009, 07:13 AM

    They signed a contract with you for 6 months - they owe you 6 months of rent. You have an obligation in "most" States (where are you?) to try to rent the apartment and collect the 2 months (after they leave) from a new tenant.

    You can collect rent twice for the same apartment but if you can't rent it out you can expect them to pay you.

    That lease is a contract and you can take them to Court to enforce it - or they can take the refund of the deposit to Court and contract law will prevail.
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