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Lack of 30 day notice to vacate
by Anonymous (Pa)
on June 19, 2012 @08:18
Tenant emailed us 7th day of month telling us he must move in 10 days. met tenant on 18th of month to get keys.Apartment was clean and in good shape no problems here.
Although we have started showing unit we don't belive we can fill apt by 1st of month. lease states a 30 day notice to vacate is required.
Do we have to return his deposit?
Thank you in advance
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Re: Lack of 30 day notice to vacate
on June 19, 2012 @08:28
[ Reply ]
Necessary info missing to give you specific advice:
1. Was tenant M2M?
2. Did tenant pay June rent?
3. Is yours a literal or term state with regard to notice?
Assuming tenant was M2M, paid June rent and yours is a literal state, tenant's notice on 6/7/12 means you can deduct the remaining rent for his notice period from the SD (July 1-6).
If tenant was in the middle of annual lease, no termination allowed except as described in your lease & tenant is responsible for all costs of re-leasing, and you can deduct these costs from tenant's SD.
If tenant is M2M & your state is term, you can deduce the rent for the full notice period, which is the month of July in a term state, from the SD.
You can see how the variables change the answer. One answer that won't change no matter the variables is that in almost every state, there is no such thing as simple forfeiture of the SD for violation of the lease or non-payment. You must have a legitimate damage cost (lost rent, physical damage, etc.) to retain funds from the SD. Caveat -- there are one or two states which are the exception to this rule.
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