Landlord Question and Answer Forum

Hello - our tenant was on a month to month lease. She called on November 23 informing us that she was moving on November 28 which she did. We did not recieve a 30 day written notice. The lease specifies in order to terminate the lease a 30 day written notice is required but it doesn't specifically state your security deposit will not be returned if we don't recieve one. She is now asking for the return of her security deposit.... can we withhold it based on not recieving the written notice?

A landlord may only withhold from the security deposit an amount equal to actual damages suffered. This would include rent due in the event of a default of the lease. If the lease specifies notice, and the tenant does not give proper notice, then the tenant may be obligated for the full month or whatever notice the lease specifies. Beware, though...if a landlord re-rents during the time he is charging for lack of notice; for instance, if you re-rented the apartment right away, than you may not be entitled to the full month. But if you did not then you can deduct the amount. Be sure you follow the rules of return of the security deposit!

Posted by Denise S, PA on Monday, December 28, 2009

thank you for your response. It was our basement suite we rented. Since the move no one has moved in we don't plan to rerent. Thanks again!

Posted by Contina E, MD on Monday, December 28, 2009