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Landlord tenant law, landlord's right to terminate lease if tenant fails to pay security deposit
Anonymous2 views1 answers
If an individual signed a rental agreement, has not paid any security deposit as of signing; then said tenant cannot afford security deposit and has to back out of move in, is said individual legalling required to pay full security deposit even though the individual is not moving in?
Failure to pay the security deposit required by the agreement is a breach of the contract. If the tenant moved in, the landlord could sue for the security deposit or could evict the tenant. If the tenant is not moving in, the landlord might sue the tenant for breach of contract and might not. If the landlord does sue the tenant and wins, the judgment will not incude any amount for the security deposit. The judgment will be for the unpaid rent, minus the rent the landlord gets from a replacment tenant or should have been able to get, plus advertising costs.
This answer must not be relied on as legal advice for the reasons posted here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.
David
