Full question:
A tenant signed a lease for a full year and moved out in six weeks. I got a letter from an attorney saying I owe double the deposit that hasn't been paid plus attorneys fees? What are my rights? I feel she owes me money. What about my broken lease ($7,000 still remaining)? Plus, I've incurred costs to re-rent, like the new paint for the apartment that she painted a gross color ($1,100), the price of hiring a broker to re-rent the apartment ($700), which still has not been rented, changing locks ($100), damage to one of the locks from tenant ($100), etc. Do I owe her her deposit after she breached our contract?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Rhode Island
Answer:
If the lease does not allow for early termination, the tenant may be responsible for the remaining rent unless they can prove the landlord breached the lease. The tenant's reason for moving out and any claims of landlord breach will be important.
A security deposit typically covers unpaid rent or damages. However, landlords must make reasonable efforts to re-rent the unit, known as the duty to mitigate damages. This includes advertising and showing the property to potential tenants. Courts will evaluate whether the landlord made reasonable attempts based on the specific situation.
Your rights and obligations regarding the deposit will depend on your lease terms. Review the lease carefully. If you pursue legal action, you should understand contract law and breach of contract principles. A breach occurs when one party fails to fulfill their contractual obligations, causing the other party to suffer damages.
Remedies for breach can include monetary damages, restitution, rescission, reformation, or specific performance. Monetary damages compensate for financial losses, while restitution aims to restore the injured party to their previous position before the contract. If the tenant has breached the lease, you may be entitled to keep the deposit, minus any damages or unpaid rent as outlined in your lease.
According to Rhode Island law, a landlord may not demand a security deposit exceeding one month's rent. Upon termination of the tenancy, the landlord must return the deposit minus any unpaid rent or damages, provided they give written notice within twenty days (R.I. Gen. Laws § 34-18-19).
If you fail to comply with these requirements, the tenant may recover double the amount wrongfully withheld and reasonable attorney fees.
For your specific situation, consider consulting with a legal professional to explore your options and rights further.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.