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    Priscilla Mack's Avatar
    Priscilla Mack Posts: 1, Reputation: 1
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    #1

    Oct 20, 2006, 07:30 AM
    Security Deposits from rental
    If a tenant has only paid half of the security deposit and is caught up on rent during the expiration of its lease. Does the landlord have the right to keep the portion of security deposit that is paid? Even though the apartment is good condition.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Oct 20, 2006, 07:33 AM
    No. The security deposit can be retained only if (1) the tenant has caused damage to the property; or (2) the rent is not paid in full at the conclusion of the lease.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Oct 20, 2006, 07:35 AM
    Hello Prisilla:

    No! Why, on earth, would you possibly think that? Do you even understand what a security deposit IS? What it ISN'T, is YOURS!

    If they didn't pay it all when they were supposed to, you should have dealt with it then. You didn't. That doesn't give you the right to steal their money now!

    excon

    PS> (edited) My friends are right. YOU may not be the landlord, and I apologize if that's so. However, if you are the landlord...
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    Oct 20, 2006, 07:45 AM
    excon, I tried to comment on your post but it appears that I haven't spread the reputation around enough.

    I agree with you but there's always the possibility that the OP is the tenant and is trying to figure out why in the world her landlord retained her deposit, rather than being the landlord looking for a way to steal the tenant's deposit. And least let's hope that's the case. :)
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
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    #5

    Oct 20, 2006, 07:48 AM
    Right and right. Priscilla, don't take our friend excon's straight shooting talk as accusation :)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 20, 2006, 09:03 AM
    I agree with what Lisa said. The purpose of a security deposit is to secure against damage to the premises or non payment of rent. It doesn't matter how much of the security was paid.

    That being said, landlords can often get by with trumping up cleaning charges other damages etc. Did you hang some pictures? Well the sheetrock needed to be replaced because of damage from the picture hangers. Did you hang curtains or drapes? Well the molding around the window needed to be replaced because of damage from the removal of the rods. Get the picture? All the landlord needs is a statement from the contractor that the works was necessary and done. Of course its very possible the contractor just slapped on some spackle and paint, but you won't be able to prove it.
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