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tenant is breaking lease what's with deposit?

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Junior Member
What is the name of your state? illinois

i am currently leasing the house to the family for the second year. lease is in only wife's name . there is no husband name it is only saing that it is occupied by 2 adults and 4 children. the couple is getting thru divorce. she allready moved out suggesting that he would like to take over the lease. i was o.k. with that and preparred new lease but now he is not sure if he wants the house. i want them out of the property well she allready is . so if i'll serve him , her with the notice and he will move out do i still have to return security deposit? even if she broke the lease? i might add that they trashed the place pretty good. repair costs probably going to be more then deposit. thank you.

First, go through with the eviction process (if necessary) and get them out.

Then, with regards to the deposit, you can deduct any damages from it, and, if your lease allows, any unpaid rent. After all of that if they wind up owing you money you decide if it's worth it to take them to small claims court.

At this point, if the husband has never signed anything, all of your coorespondence will be with the wife. Still use the property address, as that's your last known address for her. Presumably she won't show up at the eviction hearing (if it gets that far) and you'll be awarded the judgemnt for eviction.

Karla in Amarillo

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