Is it legal for a landlord to keep your deposit if you leave before your 30 days are up?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for a landlord to keep your deposit if you leave before your 30 days are up?
I gave my notice in writing rent and apt in good standing nothing wrong with apartment. The 30 days was up on a Saturday but no one in the office on the weekend, If I had to wait until the next week, I would have gone over my 30 days since landlord is only in the office 2 days a week. So I turned my keys in early but in fine print the lease says they can keep my deposit.
Asked on December 19, 2012 under Real Estate Law, Kentucky
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this country your landlord is not legally entitled to keep your security deposit over the facts that you have written about. A security deposit is to reimburse the landlord for any damage that the tenant may cause, not to penalize the tenant if she or he vacates the unit early when rent has been paid in full.
I would write the landlord a demand letter seeking payment by a certain date and if not, your recourse is small claims court.
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.