Legal Question in Landlord & Tenant Law in Tennessee
Security deposit
Tenant's lease expires at the end of the month, and she asked to use security deposit for portion of the rent. We told her no, but she did anyway. Can we still collect the remaining rent due and late fees. Do we have to give back the security deposit even though she forfeited it in a letter (The lease states that if she tries to use the security deposit as part of the rent she forfeits it)?
1 Answer from Attorneys
Re: Security deposit
Some landlord - tenant issues depend on the county but I can tell you that it is likely that if you did not put her security deposit into an escrow account, then your rights concerning it are limited. The real question is, did she damage the property in some way that would require you to use to security deposit to fix it. Otherwise, you may have a questions on damages.
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