Security Deposit Question

[silvercoach]

[SinkingFast]

We went thru a similar circumstance. We moved early on a Lease, effectively breaking the Lease. In doing so, we forfeited our Security Deposit on that rental.

When we rented the new place, our attny applied our Exemption to the Security Deposit where we currently live now.

Possibly somewhere in your previous Lease agreement is a statement about what happens to the Security Deposit if you break your lease. Chances are you forfeit the right to be reimbursed.

And think about it,......... You did Discharge how ever many months of rent you woulda paid against that Landlord. So a $1K Security Deposit vs $3K, $4K, $5K in rent you woulda paid seems a fair trade to me.

[CindyLou]

I guess the question here is did you leave the house with proper notice (meaning did you let him know ahead of time, say 30 days or did you just up and leave) and in proper condition?? If the answer to those two questions are yes, then I would say you have a leg to stand on with the deposit, however if you were behind at all, owed the landlord any money, or left the house in ill repair you can forget it.

[freshstart06]

Hey, this is a good question... IN my case, my landlord returned our rent and sent us a summons for eviction after he found out we filed bK, in my case, is he entitled to return our deposit??? We did not have a true choice in the matter but to move. We were perfect tenants for the entire year paying $2k a month, then my husband got garnished and we got a little behind but was just almost caught up and he returned all the money and give us a summons. he knows we were good with our word but freaked out when we told him we had to file BK, and he knew our situation.