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Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 29056
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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Lesser signed a lease that ended. A new 9 month lease was

Customer Question

Lesser signed a lease that ended. A new 9 month lease was drawn up and signed by Lesser/Lessor. 10 Days later lesser decides she no longer wants to lease this property and gives 30 day notice to move out. After she moves out, she then request security deposit be sent to her. Is Lessor required to refund this money? Can money be applied to remaining lease?
Thank you.
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Loren replied 2 months ago.

Good day. I am Loren, a licensed attorney, and I look forward to assisting you.

Was this an extension of the original lease? Was the security deposit to be applied to the new lease?

Customer: replied 2 months ago.
Hi Loren. This was not an extension. A new lease was drawn up but the same security deposit was used. The first Lease was for 12 months. The second lease was for 9 months. JJ
Expert:  Loren replied 2 months ago.

Was there something in writing indicating that the security deposit was to be continued in the new lease?

Customer: replied 2 months ago.
Hi Loren, This was the 3rd year the Lease was Drawn up. Each year was a new Lease and it states in the Lease that a Security Deposit is required. So the 3rd Lease was for 9 months and states a security deposit is required.
Expert:  Loren replied 2 months ago.

Thank you for the additional information.

The security deposit may only be used for unpaid rent and damage to the premises in excess of reasonable wear and tear.

So, if they leave the premises after the new lease term has begun then they owe rent and the deposit can be used to cover the rent that is owed.

If they leave before the new lease term begins then you will need to return the deposit and sue them for the breach of the new lease.

Expert:  Loren replied 2 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 2 months ago.

Did you have further questions? Have I answered your question?