Repaying Deposit to Tenant who gave no notice to Move out?

[Jim Goebel]

We have a rental property where a tenant just up and moved out.  We have an onsite property manager and there was no notice given to either him or to me.  The tenant has a bit of a combative personality and seems to have trouble navigating resolving conflict - at first, I was thinking to offer him some percentage of his deposit back right away, or wait for some period of time to evaluate the impact of the vacancy and inability to market the place.  I'm looking for some legal perspective with regards to how much of the deposit would be defensible to withhold?

Thanks much for any thoughts or advice!

[Deanna McCormick]

You are under obligation to list and rent the apartment ASAP. That doesn't mean it will rent the next day.  This tenant under a month to month term did not give proper notice.  The security deposit will be refunded only if apt was left in good conditon, and second is used to cover and rent until the apartment is rerented but limited to 30 days of rent that you can charge to him as his lease was a month to month term. You are not permitted to keep double rent Like say if you rerented for any portion of time for the first 30 days.

I would send a move out statement right away to last know address. and charge for the full month of rent as a deduction plus and costs for damages.. he may owe more than what the deposit amount was. Then if you rerent within the month,, send out an adjusted security deposit statement refunding any days you collected rent for from the new incoming tenant that came in during that same 30 day month period.

Check your state landlord tenant laws for day required to refund security deposit ,, and take photo's of any damages to back up your charges for repairs / cleaning. 

Keep it simple if he calls just say,, what's your address I'll send out your "Security Deposit Statement" within state required time line,, I NEED your new ADDRESS..