Posted by John Merchant on December 19, 2002 at 21:03:07:
Depends on what your state’s landlord/tenant laws say. In WA, it would probably not be legal and could subject LL to some penalties…our law is very one-sided in favor of tenant. In Soviet of Seattle, particularly so!
However, in some states, I expect that if T left, owing money to LL, the LL could retain whatever deposit he had, as offset against that debt by defaulting T.
If T gets ugly about your keeping the deposit, better ask a local lawyer what your state’s laws say. I’d advise that you do not talk to T, and just tell him anything he’s got to say needs to be in writing, and your lawyer has advised you not to discuss it at all.