By David Riddick, Legal Assistance Office at Fort Campbell Kentucky
http://fortcampbellcourier.com
“Once the lease is signed by the landlord and tenant, it is a binding contract which allows the tenant to use and occupy the leased property and the landlord is entitled to regular payments of rent for the lease period.
State laws spell out the obligations of both the landlord and tenant and explain when written notice may be required to the other party, what the obligations are of each party to the lease agreement and what occurs if the other party does not comply with the written lease agreement.
In larger Tennessee counties, including Montgomery County, the law is known as the Uniform Residential Landlord and Tenant Act. This is the rulebook by which all residential lease agreements are bound and if a lease provision is contrary to the Landlord and Tenant Act, the wording of the Landlord and Tenant Act is controlling.
Always inspect the premises with your landlord before taking possession of the house or apartment and then again upon departing the premises. Failure to identify existing damages early on may result in your assuming liability for those damages upon your departure. The process is similar to signing a hand-receipt for TA-50 where you would never sign for equipment or clothing without first reviewing everything to make certain it is present and in good condition as you know at CIF turn-in time you will have to account for everything you signed for. The same rule applies when leasing, carefully review and inspect what you are getting as you do not wish to be charged for some prior tenant’s damage.
Of course, certain things will wear over time and the landlord generally cannot keep the deposit to pay for “normal wear and tear” such as faded paint, worn carpet, or a leaking roof.
Many tenants come to the Legal Assistance Office at Fort Campbell and want help in getting their security deposit back from their former landlords. A security deposit is a payment made by the tenant to the landlord to cover the cost of any damages incurred by the landlord if the tenant defaults on the lease or damages the premises.
It is fully refundable at the end of the lease unless the tenant has damaged the property or has breached the terms of the lease. Under those circumstances, the landlord is entitled to use the security deposit to repair damage or recover unpaid rent. Anything above these costs must be returned to you.
Should the landlord fail to return the security deposit it is important to promptly make a written request for a return of the security deposit and if that fails legal action may be required to recover those funds from the landlord.
Certain aspects of leasing to military personnel are unique and protections are granted under the Servicemember’s Civil Relief Act which ensure that if the Soldier’s situation changes due to the military, then he or she may be able to end a lease early. You may terminate the lease upon receipt of permanent change of station orders or deployment orders that exceed 90 days. The Soldier is required to provide the landlord written notice and a copy of PCS/deployment orders in order to terminate the lease the lease. This same law provides the same protections for dependents who may have also signed the lease and they too are entitled to terminate a lease early.
Make sure to clearly review the terms of the lease agreement and inspect the property before signing a lease agreement. If a dispute occurs, look at the terms of the lease agreement and the Landlord and Tenant Act to determine your rights and obligations. Should you require assistance, contact the Legal Assistance Office.”
SoldiersRights.com recommends you check with your local states laws by the example of Tennessee’s “Uniform Residential Landlord and Tenant Act,” mentioned in the artical above. Indeed, you are entitled in getting your deposit back.
