Can I keep their deposit?

Question

We are the kind of LL that bends over backwards to return deposits, if at all possible.  But if ever there were a time that I would want to keep the deposit, this is it!  I have posted previously about them, and their friends downstairs.  Now, both units have turned over, hurray!  These tenants were that terrible, and they .  I am so glad to be rid of them.

I notified them by certified letter (which they refused to collect) three months ahead of time that I would not renew their lease.  I also slipped a copy under their door.  They did acknowledge, in a text, that they knew that I would not renew the lease.  But, despite my many text requests to be informed that they had found a place and were actually moving out, they didn't let me know that they would actually move out until six days before the end of the lease.  I have the texts to demonstrate this.

The lease requires thirty days notice of moving out.  But of course, I had told them that they had to move out at the end of the lease.  And they have, (although they left a lot of crap, they did move out on the last day of the month, and they left keys on the counter, and when I texted them to ask if they indeed were out, they said that they were.

They gave me a great deal of trouble about letting me show the apartment, but when I pressed them, and informed them that it was a violation of the lease to deny me reasonable access with 24 hrs notice, they would, at the last minute, say, "Fine".  But because they still hadn't found a place, right up until six days before the end of the lease, I really couldn't rent it, since who is going to rent a place that they can see may not be available?

Question is, aside from any damage they may have done, can I keep the one month security deposit because they gave me far less than the 30 days notice required that they were moving out?  I did tell them that I would not renew.  As they got closer and closer to the end of the lease, without having found something, I even warned them that I would evict them for holding over, beginning the day after the lease ended.  But they only gave me six days' notice that they had found a place and would actually leave.  Of course, despite my having advertised the place, it's very difficult to find a tenant with only six days' notice.

Jacqueline Carrington · Answer

Deposit is for damages and lost rent. You gave notice that their lease would not be renewed, which reasonable people would then assume they would have to vacate as of their lease end date.

Why would they then need to give you a 30 day notice to vacate, if you already gave them a non renewal notice?

Deduct damages if any, take pictures and send an itemized breakdown of their deposit. Return any additional deposit funds promptly or as stated, they can sue for 3 times that amount.

Always send deposit refunds by certified mail.

Gail K. · Answer

You notified them that you were not going to renew their lease.   Thus,  it is unlikely they have to also provide you with a 30 day notice that they are moving out (i.e., not renewing their lease).

Is your state a landlord friendly or tenant friendly state?

If a tenant friendly state (and I suspect it is) then focus on any damages they left behind that meet the criteria above normal wear and tear; these would be more of a justification to keep that part of the security deposit to repair damages than the reasoning they did not provide you with a 30 day notice.

Gail

Sandy Glover · Answer

Karen,

Each state has statutes that govern security deposit. My advise is to search Connecticut's government web site or contact your attorney to protect yourself.

Goo luck,

Karen F. · Answer

yeah, I think you all are right. Glad they are gone.  I will have to just go with any damages.

Federico Gutierrez · Answer

You're going to have to make an itemized listed of what you are charging them and be as specific as you can.Example:Cleaning of Kitchen $50/hr

Replacing 3 burnt out light bulbs in main bathroom $5

Take pictures as @Jacqueline Carrington has advised.

Keep a copy of this itemized listed and pictures just incase.

Max T. · Answer

From what you've said it sounds like you can charge them for the removal of the stuff left behind plus any cleaning/make ready that goes above and beyond "normal wear and tear."

James R. · Answer

@Karen F.  I hate to break it to you, but your lovely tenants found a place much earlier than their 6 day notice.  They waited until the last minute to be difficult.  In WI, giving a landlord 30 days notice is a courtesy and not law.  It's probably the same in CT.

Like others have commented, the security deposit is for damages to the apartment, so focus on keeping as much as you can, document it in a letter and mail it to the tenants certified within the legal requirement.  In WI, it is 21 days.  Don't mess this up!  If CT is like WI and you miss the date, the former tenants can take you to court and sue for 3 times the damages.  Something tells me that they would be more than happy to do that!

Take this as a learning experience.   If it had been me, I would have moved forward with finding a tenant.  Once I found one, I would have let the current tenants know that and if they stayed beyond the last day of the month, you would take them to court to sue for damages.

The good news is that they are GONE!

Can I keep their deposit?

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