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  1. #1
    Join Date
    Dec 2012
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    Default Landlord Refusing to Return Deposit on Commercial Property

    My question involves landlord-tenant law in the State of: Rhode Island


    Last March I helped my daughter open a hair salon and signed a 2 year lease. We made about $5,000 worth of repairs to the space including replacing the ceiling, repairing floors, replacing carpeting, painting ect. The space was a dump when we took over the space from the previous tenant and now is completely renovated. This was done mostly at my own expense. We were given a $100 a month discount on the rent for the 2 year term which is only about half of what I actually spent on repairs.

    My daughter decided that owning a salon was more than she could handle so, with the landlord's permission, we sold the salon and the new owner signed a new 2 year lease with an increase in rent from what we were paying.

    Today I asked the landlord about getting our deposit back and his reply was that because we broke the lease he would not be returning our deposit. I'm not sure he can legally do this since 1. We got his permission to find a new tenant for the space and 2. He signed a new 2 year lease with this tenant with no loss of rent.

    Can he legally keep my deposit?

  2. #2
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    Default Re: Landlord Refusing to Return Deposit on Commercial Property

    What, if anything, does the original lease say about early termination?

  3. #3
    Join Date
    Dec 2012
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    Default Re: Landlord Refusing to Return Deposit on Commercial Property

    It says nothing about early termination.

  4. #4
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    Default Re: Landlord Refusing to Return Deposit on Commercial Property

    Then with no break in the lease - the seamless transition from your tenancy to the new tenancy with no rent payments missed - the landlord has no "lost rent" damages to claim against the deposit.

  5. #5
    Join Date
    Dec 2012
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    5

    Default Re: Landlord Refusing to Return Deposit on Commercial Property

    That is what I thought. He is now telling us that if we don't allow him to keep the deposit he will refuse to sign a lease with the person who bought the business from us. We are meeting with an attorney on Monday.

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