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AITA for keeping my subletter’s deposit after she left for a family emergency?

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I sublet my spare room to Maya for four months. Our written agreement required thirty days’ notice, and the deposit equaled one month’s rent.

Six weeks in, Maya’s father had a stroke. She packed that night and flew home. She texted that she would not return and understood if I kept enough of the deposit to cover a few days.

I kept all of it.

The room remained empty for twenty-four days before a new tenant moved in. I spent one afternoon cleaning, and Maya had left no damage.

She asked for the unused portion after seeing my listing marked rented. I said the deposit secured the notice period, not only damage, and the new tenant had required a lower weekly rate.

Maya says a legal clause can still be used cruelly. She had already lost wages and was helping pay for rehabilitation equipment. I had enough savings to carry the room.

I say her emergency did not transfer the cost of a suddenly empty room to me. What I have not emphasized is that the deposit covered thirty full days while my actual vacancy was twenty-four, and the lower future rent is not a loss caused during her notice period.

I followed the agreement at its maximum when the facts may justify less.

Discussion

3 community replies

The emergency was not Maya’s fault, but neither was the vacancy yours. Keeping documented lost rent is reasonable.

Keeping more than the actual vacancy and cleaning cost turns compensation into a penalty, especially when the room had no damage.

Does the written agreement explicitly allow the deposit to cover unpaid notice, and are there local rules limiting that use?

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