View Full Version : Does LL need to return deposit?
TS2719
Aug 7, 2010, 07:07 PM
Tenant traveled to home country and paid for July and gave a call the mid July 20 telling she is not coming back. Would she lose the security deposit as no written notice given. The mother in law wants to sue the landlord telling if the person was outside of the country that is why couldn't give 30 day notice. Please advise.
AK lawyer
Aug 8, 2010, 10:01 AM
... the person was outside of the country that is why couldn't give 30 day notice. ...
Doesn't hold water.
When she left the condo, obviously she wasn't outside of the country. She could have given written notice then.
If she decided to terminate her tenancy after she left, she still could have given written notice. There are various ways to do that:
international "snail-mail",
fax,
e-mail, and
text message,
to name a few forms of written notice.
She could have given written notice. She just, apparently, found it inconvenient to do so.
ScottGem
Aug 8, 2010, 11:02 AM
First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.
AK is correct, being out of the country does not provide a valid excuse in this day and age of multiple means of communication.
However, to determine what the tenant owes involves several factors, one of which is the area, the apartment was located in. IN ANY question involving laws, the gneral area NEEDS to be provided as laws vary by area.
The terms of the lease also apply. Was the tenant required to give 30 days notice or one month's notice or what? Did the landlord acknowledge the notice during the call? When did a new tenant move in? Did the landlord send an itemized statement of how the deposit was being used in a timely fashion? What about the tentat's possessions? Were they cleaned out? If so, when and by whom? All of these factors and possibly more will determine how much the tenant owed to thenm determine howe much of the deposit can be kept.