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

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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 10 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. 


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