Can a landlord keep $400 of my deposit when the lease only said “requests” 60 days notice andI gave 48 days?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a landlord keep $400 of my deposit when the lease only said “requests” 60 days notice andI gave 48 days?
My security deposit was $1200. Of that $1200 my landlord kept $400 because in the lease it said she “requests” 60 days notice. No where did it say “required” or “pay penalty”. I gave her 48 days notice. Also she took $100for cleaning. We couldn’t clean because there was a state of emergency with a power outage. She also said that we didn’t have to worry about cleaning because she was going to have someone come in and do it. She then charged us without giving us the option to clean.
Asked on November 8, 2011 under Real Estate Law, Connecticut
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In order to answer your question regarding this landlord tenant issue, you need to carefully read the written lease between you and the landlord in that it controls the obligations owed to you by the landlord and vice versa in the absence of conflicting state law.
If the lease states a request for a 60 day move out notice, the language is permissive and not mandatory where a 60 day move out notice was not required to be given. As to the $100 cleaning fee, such cleaning charges are typically absorbed by the landlord as part of the business of renting the unit. Read the lease carefully as to the cleaning charge.
From what you have written, I would write the landlord for the money kept from your security deposit to be delivered by a set date. If not returned by then, your option is small claims court. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.