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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31685
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am a landlord i signed a lease with a tenant, the gave me

Customer Question

i am a landlord i signed a lease with a tenant, the gave me security deposit in cash and rent in a check, the check boiunced and they said they no longer what the apartment, first they want their deposit back, second can i sue them for rent from the bounced check since i do have a signed lease?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist.
If you have a written lease, then the tenant is bound to abide by the terms of the lease. So, you should be able to sue the tenant for breaching the lease and seek damages for the breach.....which usually is the rent due under the lease until a new tenant is found.
As for the deposit, how it is treated would also be controlled by the lease - - if it is not refundable, or if it is to be applied to unpaid rent, etc., that's what you'll have to do with it. So, whatever the lease says will govern and you are likely entitled to the deposit and whatever rent comes due before you find a new tenant. But, you'll have to look at the lease to be sure.

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