Landlord Question and Answer Forum

Hello, please advise. 45 days in advance I took the liberty of sending my tenant their 30 day lease renewal option and requested it be returned within 30 days notice of the lease's end date which was April 30th. The options listed were to renew for 6 months, 12 months, 15 months or not at all. They checked off a 12 month renewal, signed it and returned it to me on April 1st. On April 24th, I got a call from another landlord asking me for a referral. Tenant has moved out on April 30th. Since they broke the 30 day notice clause and falsified that that were renewing the lease for 12 months, can I recoup some of their deposit until I sign a new tenant? They signed the lease renewal document but not a new lease because the renewal form clearly stated once it is renewed all rules and regulations of the previous lease take effect immediately.The new lease would then be signed on May 1st.

You can use the security deposit to cover costs for up to 30 days. If it is only a half of the month consider a prorated rate. The tenant will be happy to get something back rather than nothing and it will make it easier all together.

Posted by Richard W, PA on Tuesday, May 5, 2015

Thank you so much for your feedback on the issue Richard. I was advised to do the very thing you stated.

Posted by COURTNEY W, NC on Monday, May 11, 2015