What is the name of your state (only U.S. law)? MD
This question is for a friend of mine. I hope it hasn't already been asked here 100 times. My friend's daughter signed a lease while away at school last August. The lease specifically states it's a 10 month lease for the months of August 2010-May 2011. However, another provision in the lease says she has to give a 60 day notice.
She mentioned to her landlord last week that she is leaving as planned on May 31rst as she is graduating. He in turn told her because she didn't give a 60 day notice (he was informed at around 45 days), he is keeping her deposit to cover June's rent.
It seems the 2 provisions in the lease might be in conflict with each other. Does the landlord have the legal right to keep the deposit for the reason given? Her notice to leave was less than 60 days, but her lease ends on May 31rst and the landlord is keeping the deposit (= to 1 months rent) for June, after the lease is over. Thank you.
From Maryland Student Public Interest Research Group's site (
http://www.marylandpirgstudents.org/renter/section-seven):
Notice By Tenant: A written lease that states that the tenancy is to last for a specific term terminates automatically at the end of the term. In theory, the tenant need not give any notice of s/he wishes to leave at the end of the term. In practice, however, most written leases expressly require the tenant to give notice. Other leases may contain an automatic renewal clause that obligates the tenant for an additional term unless advance written notice has been given (see Section 3 on Lease Provisions). In most cases, the tenant will be required to give written notice thirty days in advance, although the lease may require a longer period.
So, it seems that even though the lease was expiring anyway, your daughter still needed to provide 60 days' notice because the lease specified it. Your daughter can only be held liable for the 15 days rent she would be short on her notice for June, not the full month, because the LL needs to prorate her rent based on the short notice. A security deposit may not be forfeited automatically by breach of the lease by tenant. A LL may only deduct the amount by which s/he is actually damaged by the breach.
Additionally, the LL can ONLY charge your daughter that rent if he is unable to find a replacement tenant before the middle of June. If a replacement is found, and any rent is paid by the new tenant, then this would be money your daughter would NOT have to pay (the LL cannot double dip, i.e., charge your daughter AND receive rent for the same period from the new tenant).
She should also pay close attention to these security deposit return guidelines (
http://www.marylandpirgstudents.org/renter/section-four):
NOTICE OF WITHHOLDING TO TENANT
The landlord has a duty to promptly inform the tenant of the reasons why the full amounts of the security deposit will not be returned. If the landlord intends to withhold any part of the security deposit, s/he must send to the tenant’s last known address within 30 days after the lease has ended, an itemized list of his reasons and the actual cost for each item. The landlord who fails to provide the list within 30 days loses his/her right to keep any part of the security deposit for damages.
NOTE: The tenant should closely scrutinize any list in which the cost of damages claimed exactly equals the amount of the deposit plus interest to make sure the landlord is not attempting an illegal forfeiture.
RETURN OF DEPOSIT AND INTEREST
After the lease is terminated, the landlord has only 45 days in which to return to the tenant the security deposit and interest minus any amount properly withheld. Simple Interest of 4% per year is due on any deposit of $50 or more. The landlord is liable to the tenant for up to 3 times the amount withheld, plus reasonable attorney’s fees, if s/he fails to return any part of the deposit within this period without good reason.
