Go Back   LegalMatch Free Legal Advice Forums > Real Estate and Property Law Forum > Landlord-Tenant Law
FAQ Members List Calendar Search Today's Posts Mark Forums Read

Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury LegalMatch on Facebook
  Real Estate Lawyers Immigration Business Lawyers Other Lawyers LegalMatch on Twitter
LegalMatch is Fast, Free and Confidential
Reply
 
LinkBack Thread Tools Display Modes
Old 08-27-2014, 08:42 PM   #1 (permalink)
Junior Member
 
Join Date: Aug 2014
Posts: 1
Question on security deposits

(South Carolina) Is it legal for a clause in a lease agreement to state that tenant surrenders security deposit in full on early termination, or is the security deposit protected under mitigating damage laws regardless of lease wording?
Jweber is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 08-28-2014, 08:59 AM   #2 (permalink)
Senior Member
 
Join Date: Oct 2012
Posts: 326
All contracts are subject to the duty to mitigate.

They can write that in there, but they will be required to show they are taken reasonable efforts to lease out the property. If they are unsuccessful in leasing out the property despite putting in reasonable efforts then you will be on the hook.

If they fill the apartment within a week of you leaving then you will responsible for a week's rent and probably their time associate with leasing out the property.

Here is an article on the duty to mitigate. http://www.legalmatch.com/law-librar...e-damages.html
rhinojd is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply

Tags
security deposit

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 03:21 AM.


Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.