Can a landlord keep some of the security deposit if the tenant did not break the lease?

UPDATED: May 5, 2012

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Can a landlord keep some of the security deposit if the tenant did not break the lease?

If there is nothing in writing on the lease agreement about letting the landlord know when the tenant will move out, can the landlord keep part of the security deposit if the property was left in perfect condition?

Asked on May 5, 2012 under Real Estate Law, Idaho


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Is your landlord stating that you should have given them notice that you were not renewing the lease? Unless there is a statute in Idaho that states you are required to do so, if your lease is silent then you most likely do not have to give notice.  As for the security deposit, here is part of the law.  I will give you the statute link at the bottom:

"Upon termination of a lease or rental agreement and surrender of the premises by the tenant all amounts held by the landlord as a security deposit shall be refunded to the tenant, except amounts necessary to cover the contingencies specified in the deposit arrangement. The landlord shall not retain any part of a security deposit to cover normal wear and tear. "Normal wear and tear" means that deterioration which occurs based upon the use for which the rental unit is intended and without negligence, carelessness, accident, or misuse or abuse of the premises or contents by the tenant or members of his household, or their invitees or guests."

So the answer here is most likely no.  Good luck.

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