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Do I have to give back the security deposit to a tenant that left 10 months early?
Anonymous2 views2 answers
I have a condo that I rented out in mid-August. The woman who rented it needed something super quick so my previous tenant left early to accommodate her. On a side note, my HOA doesn't allow renting until you've owned a condo for 2 years, I haven't owned this condo that long, but I have lived in the same complex for 5 years. She found out this about the association, and decided she wanted to leave. She broke our 1 year lease by leaving and is now suing me for the deposit. She left 2 months into a 1 year lease. Does she have a legal right to the deposit? I didn't ask her to leave, nor did my association. She left on her own, no one told her to. Would a judge make me give her the deposit back or do I have a chance at winning a counter claim for the rest of the rent? Thanks!
Generally any one can sue any one for anything. I believe that in this case you would definitely have a counter suit for lost rent for the 10 months of lost rent (assuming you didn't rent it out again in the year time period). You may also have a claim against any amount it cost you to try to rent it out again (advertising, etc.). You can hire an attorney to help you with this and to make sure you get the most that you are entitled to. The condo association has nothing to do with your renter, if they decide to sue you for breaching your contract that would be a separate issue, and you should seek counsel in protecting yourself from that if it occurs. Good Luck,
~Katie
