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Check with the local regulatory agency, but in my experience the tenent is not considered vacated until the keys have been returned, regardless of notice provided. Generally in real estate, notice must be written and delivered to the business address or address specified in the lease. A phone call or a text message does not cut the mustard.
The lease will dictate the required notice, but the LL must also mitigate its loss by attempting to re-rent the apt asap. If the lease dictates 30 days notice, but the tenant only gives 14 days and the LL was able to re-rent the apt on the 1st with no loss to them, then the LL should return the full deposit (assuming no damages). If however the tenant gave 14 days notice and the LL was unable to re-rent the apt on the 1st, then the tenant is in default of the lease, and the security deposit is held as damages for breaking the terms. I would change the locks and not return the deposit..holding the key hostage is laughable...I would simply change the locks and say sue me with no further communication unless I am served.
I am happy to to go court anytime...you can explain how you did not provide 30 days notice, and I can explain how I could not re-rent by the 1st and the deposit will remain mine. Next case!
if renters refuse to give the keys....change the locks! I must have a half dozen sets of locks I rotate in & out of different properties. Never use the same lock at the same place!
I think you are entitled to a month's rent deducted from the security deposit, given that you were not able to rent the place on the First. (Not that it is very likely even with the full 30 days notice. )
Last edited by Kefir King; 11-02-2013 at 07:12 AM..
They aren't going to waste their time on a loser case, which is what they have.
I suggest quickly sending them a Certified Letter to their last known address, unless there is an address in the Lease for Notices, stating that you are not refunding the Deposit due to their failure to give 30 days written notice as required by the Lease. (If the Lease Notice says that Notices to Landlord need to be in writing and sent my Certified Mail (as good leases should say) that is even more ammo for you. You just make sure that your butt is covered as per what the Lease requires of LL.
get another tenant and call it a day, if there was no damage to the apartment just give the security back, sometimes things happen in life where, what it says on paper (must give 30 days notice) doesn't happen...............it isn't the end of the world
and move on, think about it, is it really worth getting a lawyer going to court and all that crap....ugh, to me that would be more of a headache unless of course you have absolutely nothing on earth to do.
get another tenant and call it a day, if there was no damage to the apartment just give the security back, sometimes things happen in life where, what it says on paper (must give 30 days notice) doesn't happen...............it isn't the end of the world
and move on, think about it, is it really worth getting a lawyer going to court and all that crap....ugh, to me that would be more of a headache unless of course you have absolutely nothing on earth to do.
Well the OP already has possession of the money, so it'd be up to the tenant to try and take them to court, not the other way around.
I say keep the deposit and change the locks. Tell the tenant that if they disagree, they're free to navigate the legal system for a remedy.
Tenant only sent text for 30 day notice, nothing in writing, now claims they do not have forwarding address...won't let us do a walk through till 31st..live in Wisconsin...never kept up on the lawn mowing
Tenant only sent text for 30 day notice, nothing in writing, now claims they do not have forwarding address...won't let us do a walk through till 31st..live in Wisconsin...never kept up on the lawn mowing
Yes but how many yards will Aaron Rogers throw for this year, did you even think about that
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