Landlord Question and Answer Forum

I have a tenant who signed a year lease. After 7 months,she left a voice mail with 25 days notice that she would leave.She has paid a security deposit equal to 1 month rent, and a cleaning deposit. I am planning on taking cleaning and damages out of her cleaning deposit.I am planning on taking $ from the cleaning deposit to fix things like a hole in the wall and clean the oven and get rid of some paint she left in the shed . I am also planning on taking 5 days rent out of her security deposit. I think that this is within my right to make 30 days notice. Can I take more of her security to cover the time I am out without a tenant? I am trying to rent the place ASAP and plan to prorate her return of securty of last months rent from the new rental date. Does anyone know if this is the way I should do this? I think this is the legal way, but I am not sure.

The law allows the landlord to keep part or all of the security deposit in any one or more of the following situations: Tenant owes rent; Tenant leaves the rental less clean than when tenant moved in; Tenant has damaged the rental beyond normal wear and tear; and Tenant fails to restore personal property (such as keys or furniture), other than because of normal wear and tear. if none of these circumstances is present, the landlord must return the entire amount that tenant has paid as security. Remember, you have twenty one days to provide an accounting to the tenant with any balance if applicable.

Posted by Donna , NC on Wednesday, April 7, 2010

Remember, you should always do a move in AND move out inspection to ensure complete documentation to present to a Court if need be. We also take pictures for the file. They are a real good form of evidence!

Posted by Charles D, NY on Friday, April 16, 2010