Q: My building was broken into now tenant wants to move and is demanding security deposit back now what are my rights
A:
Hard to say for sure without seeing ALL the facts, but the mere fact that a third party broke the law doesn't mean you can avoid a contract. Did YOU do something to encourage the break-in? Did you NEGLECT something basic that caused the problem? Did you KNOW of the risk and INTENTIONALLY do nothing to abate it? MAYBE the tenant has something to stand on. Is this a 'month to month' tenancy and they are simply ending the lease? Then the most certainly WILL have the right to move out and get the return of their security deposit consistent with the situation.
If NONE of that applied, it is unlikely that they can move out without incurring some financial penalty consistent with your lease agreement. Without knowing all the facts, it is impossible to say for sure what YOUR situation will be. I'd urge you to consult with a local attorney to review your specific situation and ALL the facts, and provide you real advice.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
