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Security deposits

Can my landlord keep my deposit if I break the lease?

It depends

They can apply it to actual losses - unpaid rent while the unit sits empty, re-letting costs - but in most states they must try to re-rent, and they can't just pocket the deposit as a penalty.

Breaking a lease makes you liable for the landlord's real damages, and the deposit is the handiest source. But most states impose a duty to mitigate: the landlord must make reasonable efforts to re-rent, and your liability stops when a new tenant starts paying.

Ask in writing for an itemization of what the deposit covered - vacant days, advertising, actual costs. 'You broke the lease so you lose the deposit,' with no math, is not how it works in most states.

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General educational information, not legal advice. Laws vary by state and city and change over time - for a specific situation, contact a local tenant-rights organization.

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