Crucial Exams

Multistate Bar Examination Practice Question

Tara signed a one-year residential lease and paid a $1,500 security deposit. After four months, Tara accepted a new job in another state and moved out of the apartment, leaving it broom-clean and providing her forwarding address. The landlord immediately re-rented the unit at the same rent but kept Tara's entire $1,500 security deposit and gave her no written accounting of deductions. Tara sues to recover the deposit. Under the predominant approach of U.S. landlord-tenant law, which of the following best states the landlord's liability, if any?

  • The landlord may keep the entire deposit without a written accounting, but only if the lease expressly states that the deposit is forfeited upon early termination.

  • The landlord may keep the entire security deposit because Tara breached the lease by moving out early.

  • Because the landlord promptly re-rented the apartment, he must automatically return the entire security deposit to Tara, regardless of any damage.

  • The landlord may retain only the portion necessary to cover unpaid rent and proven damages beyond normal wear and tear, and the failure to provide an itemized written accounting entitles Tara to recover the full deposit and any statutory penalties.

Multistate Bar Examination
Real Property
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