When can a landlord keep a security deposit?

Get Legal Help Today

 Secured with SHA-256 Encryption

When can a landlord keep a security deposit?

My landlord kept my security deposit because he said I gave insufficient move out notice for moving out this month. I handed my keys over on the 3rd and he has been in the apartment fixing it up all month because he has someone who wants to move in next month.

Asked on June 26, 2011 under Real Estate Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not your landlord can keep your secuity deposit depends upon the language contained in the written lease you have with the landlord assuming you have a written lease. As in most landlord tenant disputes, the written rental agreement sets forth the obligations for the tenant and the landlord.

You need to read what time period was required for you to give adequate notice to your landlord to end your occupation of the unit you were renting. Whether or not your lease was a month to month or was one for a fixed term with time remaining could possibly control if you are entitled to any portion of your security deposit back.

Most States have laws requiring the landlord to return a tenant's security deposit within a certain time perod after the unit is vacated. If not all of the security deposit was returned, the landlord must state in writing the reasons for not doing so. If reasons for not all of the security deposit are stated (for example repairs), invoices and receipts must be given to the tenant showing that the repairs were made.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption