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JD
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Category: Real Estate Law
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Experience:  Over 11 years litigation experience including eminent domain and real estate disputes
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I had a 6 month lease in N.C. and gave the landlord 41 days

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I had a 6 month lease in N.C. and gave the landlord 41 days notice of intent to vacate at end of lease. The lease agreement specified 45 days notice. Is this legal? Does he have the right to keep my 1395.00 deposit as he is maintaining? thanks Karen
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  JD replied 4 years ago.

If the notice requirement was not met (the full requirement) then you have not received notice and need not vacate the premises unless the lease states otherwise. You could also vacate the premises voluntarily at the end of the lease, but if the notice requirement was not met (read the lease carefully about the end of the lease) then you can probably stay one more month. The landlord cannot keep your deposit without cause. The lease should spell out the reasons the landlord may use to retain the deposit. If none of those reasons exist then the landlord may not retain your deposit.

 

I strongly recommend a thorough review of your lease concerning the notice conditions, the end of lease provisions, and the deposit return. Once you have determined what provisions have been violated you should consult a local attorney about suing for the return of your money. Often times a letter from a local attorney is all it takes to get the money back... plus expenses.

 

Please reply if I can help further.

 

________________________

Customer: replied 4 years ago.
My question is I signed a six month lease. As I am moving I sent the landlord a notice to vacate 41 days before the lease ended. The lease states I had to give the landlord 45 days notice(instead of the 41 days I did). Why would I have to give any notice if my lease was up? Is it legal for him to keep my deposit for this four day lapse between when he got my notice and what the lease states I have to give (45 days)?
Expert:  JD replied 4 years ago.

My apologies. I misread somehow and thought your landlord had given you notice to be out.

 

What did your lease say about the expiration notice requirement? Understand that many residential leases are designed to become month to month after a period of time (lease period). The lease period is usually used to provide some stability to the landlord and tenant to ease concerns over rising rent, vacant apartments, etc. Unless specificied, after a contracted lease period then tenancy becomes a periodic tenancy which can be ended by either party by giving adequate notice. The notice is normally defined in the lease, but can default to 30 days if there are no lease provisions.

 

It sounds like your landlord is being a jerk. I have no idea what your lease amount was, but I can tell you that your landlord had a duty to mitigate his damages as soon as you provided the notice. Therefore, if you can show he rented the property immediately or if you can show that he sat on his hands and took no action to mitigate his damages by immediately re-renting the property then you may be able to recover your deposit.

 

Again, read your lease carefully and if you feel that you are being punished over a 4 day lapse then speak to a local attorney about sending a demand letter. Make sure to mention the duty to mitigate and try to have some facts together about what the landlord did during the time you gave notice and moved out.

 

Please reply if I can help further.

 

________________________

JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 1335
Experience: Over 11 years litigation experience including eminent domain and real estate disputes
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