Can I withhold a security depositif thetenant did not give 30 days notice?

UPDATED: Mar 7, 2012

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Can I withhold a security depositif thetenant did not give 30 days notice?

My tenant is presently in a month-to-month lease. I received a letter to terminate on the 5th of this month. He dated the letter the 1st to move out on the 31st. The postmark date on the envelope is the 3rd. I don’t consider this a full 30 day notice as the lease stipulates. Can I withhold the security deposit as he did not fulfill this requirement?

Asked on March 7, 2012 under Real Estate Law, New Hampshire


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It sounds as if you want to charge the tenant for an extra month's rent - which you are entitled to do if the notice was improper - but want to keep the security deposit instead, which you an not do.  Security can not be kept for rent in New Hampshire.  You would have to sue your tenants for the rent.  You can only keep security for damage over and above normal wear and tear.  Good luck. 

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