No 30 day notice, do I need to return deposit back to tenant?

Question

I had a month to month tenant that vacated the premises with a 3 day notice via text message. Do I need to return the security deposit?

Theresa Harris · Answer

Most places they have to give 30 days' notice. So if they failed to do that and didn't pay March's rent, do an inspection and send them a list of any repairs/cleaning and include March's rent as a cost. Take photos of the condition of the place when you do the inspection and any problems.

John Warren · Answer

@Frank Nguyen I noticed you are in Springfield, which may have different rules than the Chicagoland suburbs where these forums are. Frustratingly enough, tenants are not necessarily required to give notice in the same way as landlords in the suburbs where we manage. We have upped our game significantly to counter this, and now start pre-leasing activities 3-4 weeks out whenever a tenant is not responding.

Madeline Mercer · Answer

From the what I remember a tenant has to give you 30 days notice when their lease expires. If they move out during the lease period you get to keep the deposit apply it towards the next two months rent (the legal limit). You can bill them for two month's of loss rent as you work diligently to replace them. You must notify them by certified mail of the shortage between their security deposit and the cost of cleaning, repairs and two months rent. And request payment within 10 days to avoid legal ramifications.

Bill B. · Answer

You probably already know all this, or at least should but the last paragraph under landlord must give 30+ days notice (all must end at month end more than 30 days out, not exactly 30 days.) says there are legal requirements for tenant’s to give any notice. But they should give notice.

https://caretaker.com/learn/lease-agreements/month-to-month-...

Nathan Gesner · Answer

If your lease doesn't address this specifically, don't think you can keep their entire deposit.

Put the rental back on the market. Find a new renter. Apply the deposit to cleaning, repairs, and unpaid charges. If there's money left over, refund it.

John Underwood · Answer

What does your lease say?

Mine says you have to give me 30 days notice or you are breaking your lease and I can keep your deposit?

Did they pay the current month's rent?

No 30 day notice, do I need to return deposit back to tenant?

No 30 day notice, do I need to return deposit back to tenant?

Most Popular Reply

6 Replies