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Updated almost 8 years ago on . Most recent reply

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Rachelle P.
  • Salt Lake City, UT
4
Votes |
24
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Deposit Returns to Domestic Violence Victims breaking a lease

Rachelle P.
  • Salt Lake City, UT
Posted

I have a tenant breaking a lease 7 months early, claiming there son is a victim of domestic violence. I have no desire to unduly penalize these folks, but obviously this is a huge hassle and it has cost me advertising expenses, time, gas, utilities and a month of vacancy. Utah state code reads:

(4)A renter who is a victim of domestic violence, as defined in Section 77-36-1, may terminate a rental agreement if the renter:57-22-5; and (This means police reports were filed and a protective order was served)

(4)(b)(i), pays the owner the equivalent of 45 days' rent for the period beginning on the date that the renter provides the notice of termination.

Rent was $1400, deposit is $1500. As I see it, I am well within the law to keep the deposit. Anyone have any experience or thoughts? Thanks!

Most Popular Reply

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5,752
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Michael Noto
  • Real Estate Agent
  • Southington, CT
3,860
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5,752
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Michael Noto
  • Real Estate Agent
  • Southington, CT
Replied

@Rachelle P. Moving forward put an Early Lease Termination Fee into your lease. We use the equivalent of 2 months rent as an ELT fee.  This way when a tenant wants to break their lease they know exactly what the expectations are. They pay a 2 months fee and forfeit their security deposit. 

  • Michael Noto

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