Is it legal for a landlord to keep your deposit if you leave before your 30 days are up?

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Is it legal for a landlord to keep your deposit if you leave before your 30 days are up?

I gave my notice in writing rent and apt in good standing nothing wrong with apartment. The 30 days was up on a Saturday but no one in the office on the weekend, If I had to wait until the next week, I would have gone over my 30 days since landlord is only in the office 2 days a week. So I turned my keys in early but in fine print the lease says they can keep my deposit.

Asked on December 19, 2012 under Real Estate Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country your landlord is not legally entitled to keep your security deposit over the facts that you have written about. A security deposit is to reimburse the landlord for any damage that the tenant may cause, not to penalize the tenant if she or he vacates the unit early when rent has been paid in full.

I would write the landlord a demand letter seeking payment by a certain date and if not, your recourse is small claims court.


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