Legal Question in Real Estate Law in Tennessee

What is the law on return of security deposits?
My tenant signed a one year lease and gave me a deposit of one months rent + pet deposit. She was to give me the pro-rated first months rent on the day she moved in. One week before her move in date, she informed me that she was not going to move in. The question now is- do I have to return her security deposit? She never gave me the first months rent. I had 3 offers at the time to lease out the house and let her have it. Now that the house is vacant, it is harder to rent. I have spent my time showing the house and in advertising all over again. What is the scoop? What legal issues are here? Can I hold her to her one year lease? She is demanding return of her deposit, but I told her that I can not make out that decision until the house is leased. I thought that a security deposit can be used for 'unpaid rents'??

Asked on 4/20/99, 1:44 pm

Sean Scally Sean Scally, Attorney-at-Law

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law on return of security deposits

I hate to sound like a lawyer BUT... what does the

lease provide? You said she signed it and it should

have some language providing what and how the security

deposit is to be used.... That is the best way of

protecting yourself in this kind of situation. If you

wish to discuss further, please call.

Sean Scally

Sean Scally, Attorney-at-Law

6053 Bradford Hills Drive

Answered on 4/21/99, 7:36 am

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