Q: Deducting lost rent from the security deposit - detrimental reliance?
Edited
A: Detrimental reliance is an equitable remedy and does not apply to you. You were provided with written notice to quit twice: 45 days and 30 days prior to the expiration of the lease. You knew the lease was expiring and that the apartment had to be rented. Had the tenant breached her lease (which it appears she did not), you would have still been expected to mitigate any potential damages. Seems you chose to wait for no good reason. If you experienced any loss it was self-inflicted. Barring damage to the property, you are not likely to be entitled to any portion of the tenant's security deposit. You should timely return the tenant's full security (with interest) and avoid the risk of being sued.
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