Landlord Question and Answer Forum

We have a month to month rental and our tenants only gave a weeks notice that they were moving because they are buying a house, they never even discussed with us that they were looking,s My question is: since our lease stattes they have to give us 30 day written notice, Can we keep the deposit for them breaking the agreement?

She must give you a written 30 day notice (check-it varies). Having said that, although it would have been nice to let you know their plans, nothing state that they have to tell youthat they were looking to buy. This is why I always get to know my tenants, but always keep it professional. 2 yrs ago, I had a tenant that drove 1 hr because she wanted to ask me in person (and not on phone) if I would release her from her 2 yr lease 8 month in advance so they could by a house. Everything worked out for the best. Depending on the deposit amount, tenants may owe you more, especially if there were damages, etc.

Posted by Stan M, CA on Monday, January 25, 2010

I don't know about your state but in Rhode Island deposits can only be held for damages not for unpaid rent.

Posted by Gabriel D, RI on Friday, January 29, 2010

Rhode Island - Title 34...states: § 34-18-19 Security deposits. – (b) Upon termination of the tenancy, the amount of security deposit due to the tenant shall be the entire amount given by the tenant as a security deposit, minus any amount of unpaid accrued rent and the amount of physical damages to the premises, other than ordinary wear and tear, which the landlord has suffered by reason of the tenant's noncompliance with § 34-18-24, all as itemized by the landlord in a written notice delivered to the tenant. The landlord shall deliver the notice, together with the amount of the security deposit due to the tenant, within twenty (20) days after the later of either termination of the tenancy, delivery of possession, or the tenant's providing the landlord with a forwarding address for the purpose of receiving the security deposit.

Posted by Stan M, CA on Friday, January 29, 2010

Thanks Stan. I guess a shouldn't trust everything my Lawyer says or maybe I misunderstood what he was telling me. I will be asking him agian come Monday, thanks.

Posted by Gabriel D, RI on Saturday, January 30, 2010

Gabriel....I probably should have mentioned that if the tenant does not pay the garbage bill, you may be responsible for that payment. The good news is that you can deduct the amount from their sec.deposit. Let us know what the lawyer says.

Posted by Stan M, CA on Saturday, January 30, 2010