Landlord Question and Answer Forum

Tenant is defaulting on a 12 month lease that was effective May 18, 2008 with rent due on the 18th of each month.We verbally modifed the lease agreement in July of 2008 to make rent payable on the 10th of each month to accomadate his employers pay period. He gave me a 30 day notice on Feb 13, 2009 that notified me he was ending his tenancy on the March 13, 2009. I informed him when he personally delivered the 30 day notice that he was obligated for the entire 12 month term of the lease but he maintains that the lanquage in the lease allows him to terminate the lease at any time with 30 days notice. On the 10th of March he left a $200 check with 1/2 March rent wrote in the reminder. He has left the property on the 11th of March, refused to accept my written list of the cleaning needed and refused to complete the cleaning within the 24 hrs that I am required to give. Can I withhold his deposit for nonpayment of his last two months of rent and not completing the cleaning requested?

Here is some info for you: After the inspection has been completed, the landlord must deliver a written list of additional cleaning to be completed by the tenant to bring the unit into the same condition as when it was rented. The landlord must give the tenant at least 24 hours to complete the required cleaning If, after the final inspection, there is no further cleaning to be completed, no damages to the property for which the tenant is liable, no UNPAID RENT and the tenant can prove to the landlord that there are no outstanding utility bills for which the tenant is responsible, the landlord must return the full amount of the security deposit to the tenant within 10 days. After the tenant has had the opportunity to complete any required cleaning and has returned the keys to the landlord, the landlord must deliver to the tenant, within 30 days, an itemized list of deductions from the security deposit along with any portion left of the security deposit.

Posted by Donna , NC on Friday, March 13, 2009

This information is diffes depending on the state, correct? For example, in MA I was told by an attorney, who wasn't sure by the way, that you cannot use the security deposit to represent ANY back rent. So if the tenant broke a year lease and/or owes two months rent, even if the apartment isn't broom clean, you still have to return the deposit within 30 days, right?

Posted by Deanna S, MA on Friday, March 13, 2009