I have a tenant that was attempting to find a subleaser but failed to do so. They claimed to have filed bankruptcy on 3/17. They moved out of the house on 3/31 with their next rent payment due on 4/1. I have not received anything in the mail from their lawyer or a court. They are demanding immediate return of their security deposit. Do I have any right to withhold the remainder of the deposit after damage charges for them breaching the lease? They did not give a 30 day written notice and the only thing I have received in regards to the bankruptcy is a photo copy of a schedule g form that lists my lease but I am unsure if it is even authentic. I am in wi and there are 7 months remaining on the 12 month lease.
You should keep the security deposit. You should also send a list of damages to the now former tenant by certified mail--include the rent owed in the list. You should also check the clerk of the bankruptcy court. The clerk can tell you whether they filed for bankruptcy.
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