Legal Question in Landlord & Tenant Law in Arizona
My tenant broke the lease one month earlier than the contract terms. However, I was able to rent my house from the month my tenant left. Am I liable to pay my tenant the deposit back or does he forfeit the deposit for breaking the lease contract a month early?
1 Answer from Attorneys
The security deposit is just that, a fund of money against which you can recover your damages for breach of the lease agreement. Your damages would include the expenses incurred to re-let the premises, unpaid rent, and repairs/cleaning needed to re-let the premises. You do have a duty to minimize damages, which you did by finding another tenant. So, therefore, you should reimburse yourself for all damages and expenses incurred as a result of the breach and give the tenant back any money left over.
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