Does landlord automatically get to keep the security deposit when tenant breaks the lease?

Does landlord automatically get to keep the security deposit when tenant breaks the lease?

Attorney Tom Olsen: Claudio, you're on news 96.5. Go ahead.

Claudio: Hey, Tom. We love your show.

Attorney Tom Olsen: Thank you.

Claudio: I just had a question. I have a rental home that I rent, and the people that rent from me, we did a two-year lease, and basically, they want out of the lease because they're purchasing a home. Is it proper to say that they lose their deposit?

Attorney Tom Olsen: Technically, the answer is no. You would be allowed to apply that deposit towards your damages. If they moved out and you put up a 'for rent' sign, and you found a new tenant the next day, your damages would be limited to cleaning, et cetera. Now, Claudio, I think the way I would handle this with, for you, it'd be, I think really a win-win would be to put it in writing, allow them to, can't terminate their lease, pay rent through the move out date and everybody agree that you get to fully keep their security deposit.

Claudio: Even if it's written on the lease right now, it wouldn't apply?

Attorney Tom Olsen: In my opinion, the answer is no. You're still limited to what your actual damages are, and if you turn around and lease a place the next day, your damages are limited to cleaning. Now, Claudio, if you want more information on that, Rob Solomon is our landlord-tenant attorney, and Rob is at our office right now at (407) 423-5561. Claudio, if this is what you want, you want them to pay rent through the move out date, and you get to keep their security deposit, I suggest that you put that agreement in writing signed by you and your tenants, so everybody has a very clear understanding of what's going to happen.