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KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4219
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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My tenant gave less that 30 days notice. She also refused to

Customer Question

My tenant gave less that 30 days notice. She also refused to allow showings of the apartment. Can her deposit be withheld.
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 6 years ago.
Hello, I am happy to assist you today.

The deposit is only to be held if there is damage to the apartment. If you keep it, you have to send an accounting to the tenant explaining what the damage is and why you are keeping it.

If they broke the lease, you can go to court and collect against them. As far as refusing showings, that is the right of the tenant unless you included in the lease that showing were required and what the terms were.

So you can go after her for the rent due but have to return the deposit under the law.

Take care,
Expert:  KimberlyLaw replied 6 years ago.
Hello. If you have any follow up questions, please click "REPLY".

If not, please click "ACCEPT" to close out this question so that I get credit for my work with you.

Take care,