Tennessee eviction

[acmb05]

What is the name of your state (only U.S. law)? Tennessee

Hey all, first time I have been back here in quite awhile but hoping you can answer a question for me.

I am trying to help a friend of mine out and am not sure about something they asked me. They were evicted from an apartment for failure to pay rent. Went to court and agreed to pay what they owe as far as back rent. When they asked about the security deposit being credited to what they owe they were told by the apartments lawyer that in an eviction the security deposit is void and they lose it automatically. They did leave the place in very good condition and took pictures to prove such.

So my question is, is this true or does the security deposit get credited to what they owe. If they can get this credited they will be paid off on the debt as they have already paid most of what they owed. I can't find anything in the tenant laws that addresses this.

 

[Antigone*]

What is the name of your state (only U.S. law)? Tennessee

Hey all, first time I have been back here in quite awhile but hoping you can answer a question for me.

I am trying to help a friend of mine out and am not sure about something they asked me. They were evicted from an apartment for failure to pay rent. Went to court and agreed to pay what they owe as far as back rent. When they asked about the security deposit being credited to what they owe they were told by the apartments lawyer that in an eviction the security deposit is void and they lose it automatically. They did leave the place in very good condition and took pictures to prove such.

So my question is, is this true or does the security deposit get credited to what they owe. If they can get this credited they will be paid off on the debt as they have already paid most of what they owed. I can't find anything in the tenant laws that addresses this.

The judgment should be very specific as to what is owed? If there is no language stating that $x amount is credited, then it is not. Why didn't they address the security deposit during the proceedings?

 

[acmb05]

good question

I have no idea why they did not ask about it while at the court house. They never went in front of the judge, just met with the lawyer and agreed to pay the back rent. As far as I know the deposit was not brought up until the next day when they thought about it. I suggested taking it to small claims and trying to get it that way as the landlord never sent them notice or anything about the deposit. The way I am reading it is that the deposit is separate and can not be used to rent owed unless agreed upon by both parties. Nothing is mentioned about it in the court papers.
Guess I need to talk to them about it a little more.

 

[sandyclaus]

MANY LLs are under the false impression that the security deposit given by their tenants is automatically forfeited in the event of an early lease termination. They would be incorrect. The security deposit has a specific purpose, and unless stated by law that they are allowed to retain it in that situation, then they are absolutely not allowed to do so.

The security deposit is intended to cover damage to the premises beyond normal wear and tear, and to cushion the financial impact if a tenant skips out early on the lease without paying. The LL is NOT allowed to profit from the early lease termination by retaining the full deposit. They may ONLY keep that amount which covers the damages to the property, the cost of any fees specified in the lease, loss of rent to date (NOT future rent) and any expenses incurred by having to re-rent the property earlier than scheduled.