Updated over 5 years ago on . Most recent reply
Security Deposit - Return or Keep
If a tenant lease is about to expire and they do not provide me with a 30 day notice but the still want to leave at the end of their lease term can I keep the deposit. I am located in NC I am sure each state has different rules. Thanks
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- Real Estate Broker
- Cody, WY
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A lot of Landlords include this in their lease but I don't think it's legally valid. If you have a term lease with an expiration date, the Tenant should be able to terminate on the scheduled termination date without penalty. You've already agreed to end on that date, so why require notice unless you are requesting a change to that agreement?
You also can't just "keep the deposit" because the tenant failed to give notice. Deposits are for cleaning, repairs, and unpaid rent. If you have a written agreement that the tenant forfeits the deposit if they fail to give notice, then it may be enforceable, but I doubt it.
Don't punish people for leaving on the date you agreed to.
- Nathan Gesner
