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Question

I co-own a 2 family house in Hamden, CT with two other people (we have not established ourselves as an LLC) and we are in disagreement about refundung the security deposit to tenent who moved out. Her original lease was for one year and she stayed for 2.3 months. The lease states it will automatically be renewed if she remains in the premises beyond the annual renewal date (July 1). She verbally notified us of her intent to move in late August 2009 and moved at the end of September. My question is did she break the lease and are we required to refund her deposit in full? She has argued that she assumed she was on a month to month lease since we (the Landlord) had not performed an annual inspection as we did the previous year. Is the Landlord obligated to do anything such as remind the tenent when the lease reaches the anniversary date? The tenent has threatened to file a small claims suit if we do not give her a full refund. We were prepared to give her half of her deposit back.

Submitted: 17 days and 17 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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State/Country relating to Question: Connecticut

Accepted Answer

There's nothing under Connecticut landlord-tenant law that would prevent a tenant from entering into a lease that automatically renews absent notice of intent to vacate prior to the renewal term.

 

You state that the lease was for one year "and she stayed 2.3 months". I'm assuming you mean she stayed 2.3 months into her second year.

 

Since the tenant did not vacate and remained after the renewal date before giving notice more than one month later, the tenant was obligated under the lease for the full year term. The tenant could not therefore terminate the lease early simply by giving notice.

 

Unless a new tenant were found, the original tenant is obligated for the rent for the entire year period. However, you have the responsibility to mitigate damages, which means using reasonable efforts (e.g. newspaper ad) to try to find replacement tenants.

 

Since the tenant was obligated for the year, you may retain the security deposit to compensate for unpaid rent. You still must send the tenant a letter indicating the deductions you made from the security deposit and include any balance left over (not likely in your situation). That must be done within thirty days of the tenant vacating, if the tenant gave written notification of their forwarding address. If not, then you have fifteen days from the date you receive such notice. However, regardless of whether you receive such notice, you should respond when you can in order to wrap things up.

 

 

Please let me know, if you have follow-up questions.

 

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Expert: J.Hazelbaker
Pos. Feedback: 100.0 %
Accepts: 
Answered: 11/5/2009

Attorney

Attorney and small business owner with 8 years experience in the general practice of law.

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