Can You Get Your Security Deposit Back After An Eviction?

Law Blog

When you move into a rental, you may be asked to put down a security deposit of several months' worth of rent depending on where you live. If you get evicted, you may want that money back. Here's information on whether you're entitled to it.

You May Be Owed Security Deposit Money After an Eviction

It is possible that your landlord will owe you money from your security deposit after an eviction. The security deposit isn't something that your landlord can take if you break the rules. Your security deposit protects your landlord against actual financial losses.

Say you get evicted in the final month of your lease for not paying rent and had a three-month security deposit. Your landlord can't charge you three months' of rent instead of one month. In some states, your landlord can't apply any portion of your security deposit to owed rent.

You May Owe for the Remainder of Your Lease

Getting evicted doesn't cancel the obligations of your lease. If you owe money or had time left on your lease, your landlord is entitled to collect that money. For example, if you get evicted halfway into your lease, you still owe your landlord rent for the second half of the lease for breach of contract. There are laws that may limit what you owe if the landlord can find another tenant to replace you, but you should expect to pay something. That amount can often come out of your security deposit, but only up to the amount you actually owe if your deposit was more.

Evictions Have Other Costs

If you do get evicted, your landlord may be able to recover the legal costs, such as costs for their attorney and court fees. These are also costs that the landlord may take out of your security deposit, but the amount usually has to be approved by the judge.

You Can Negotiate an Eviction

One thing to keep in mind is that it's possible to negotiate and settle an eviction just like any other legal dispute. For example, you may negotiate to move out faster so the landlord can get a paying tenant in sooner and avoid going to court. This may include an agreement on how much you owe the landlord and whether you get your security deposit back. You may also be able to avoid a formal eviction on your record if you do this before your landlord files in court.

To learn more about security deposits and evictions and what you can do, contact a local eviction lawyer today.


29 October 2020

Car Accident Clues

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