Can I withhold a security depositif thetenant did not give 30 days notice?

My tenant is presently in a month-to-month lease. I received a letter to terminate on the 5th of this month. He dated the letter the 1st to move out on the 31st. The postmark date on the envelope is the 3rd. I don’t consider this a full 30 day notice as the lease stipulates. Can I withhold the security deposit as he did not fulfill this requirement?

Asked on March 7, 2012 under Real Estate Law, New Hampshire


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