Q: Can I withhold security deposit as penalty for early lease termination?
My tenants are diplomats. They were scheduled to move in April 1st and stay for a few years. They signed lease, paid 1st months rent and deposit. They informed me that they are being recalled to their country and can only stay one month. I may not be able to enforce the lease due to immunity clauses but can I claim the deposit for damages from early lease termination?
A: You may also be able to enforce the lease, though you cannot do it the normal way. I cannot help you if the tenant works for the European Union Delegation to the United States, since I represent them in real estate, but it can be done correctly. You may also account to the diplomat in the normal fashion as a claim on the security deposit in conformance with state and local landlord & tenant law.
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