When can a landlord keep a security deposit?
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When can a landlord keep a security deposit?
My landlord kept my security deposit because he said I gave insufficient move out notice for moving out this month. I handed my keys over on the 3rd and he has been in the apartment fixing it up all month because he has someone who wants to move in next month.
Asked on June 26, 2011 under Real Estate Law, Wisconsin
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Whether or not your landlord can keep your secuity deposit depends upon the language contained in the written lease you have with the landlord assuming you have a written lease. As in most landlord tenant disputes, the written rental agreement sets forth the obligations for the tenant and the landlord.
You need to read what time period was required for you to give adequate notice to your landlord to end your occupation of the unit you were renting. Whether or not your lease was a month to month or was one for a fixed term with time remaining could possibly control if you are entitled to any portion of your security deposit back.
Most States have laws requiring the landlord to return a tenant's security deposit within a certain time perod after the unit is vacated. If not all of the security deposit was returned, the landlord must state in writing the reasons for not doing so. If reasons for not all of the security deposit are stated (for example repairs), invoices and receipts must be given to the tenant showing that the repairs were made.
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