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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 25413
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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If evicted from an apartment can you get your deposit back?

Customer Question

If evicted from an apartment can you get your deposit back? Eviction because my granddaughter moved in with me and her credit report is lousy and I am paying the rent and manager said if she isn't out by Oct. 3 that I will be evicted also
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

I certainly understand the situation and your concern. The security deposit is used and should be applied for any damages done or necessary repairs, to the rental, upon vacating. Moreover, if any rent is owed, the landlord can typically apply and use the deposit for that as well. In this situation, the landlord could not keep the deposit because of the eviction. However, if they evict you and the rental sits idle, while they find a new tenant, they could then try and deduct it, since it was a result of you violating the lease agreement and having her move in, without permission. The landlord needs to make a good faith effort to mitigate damages and find a new tenant if they evict you and until they do, can apply the deposit to the rent, since it would be vacant and a result of your actions.

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