Can a security deposit be withheld if proper notice to terminate is not given?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a security deposit be withheld if proper notice to terminate is not given?

I had a Lease from from 08/08/-09 to 08/31/10 with a 60-day notice period for termination. I gave notice on 07/13/10 (47days),but my landlord is saying that I did not give 60 days notice so he is withholding security deposit as 09/10 rent (for the month which I have not stayed in the apartment)

Asked on November 24, 2010 under Real Estate Law, Connecticut

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You would only owe rent up to Sept. 11 because your 60 days notice was given on July 13.  You don't owe rent for the entire month of September.  The security deposit is for cleaning and/or damage to the apartment excluding normal wear and tear.  It should not be withheld to collect rent. 


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 lock Secured with SHA-256 Encryption