[CareyAnn]

I rented an apartment in Concord NH, my lease was to expire at the end of November 30, 2009 - I decided not to renew the lease so I sent the landlord a note stating that I was not going to renew. He received this letter on 11/16/09. I had to call him for my security deposit at which time he told me that he was deducting money from the deposit because I didn't give him a 30 day notice. If my lease was expiring am I required to give him 30 days notice? Is it legal for him to take a prorated amount out w/o contacting me?
Thank you for your time,
Carey-Ann

[CareyAnn]

I rented an apartment in Concord NH, my lease was to expire at the end of November2009 - I decided not to renew the lease so I sent the landlord a note stating that my desire not to renew. He received this letter on 11/16/09. I waited an entire month for the return of my security deposit. In early January 2010 I called him at which time he told me that he was deducting money from the deposit because I didn't give him a 30 day notice. I am a bit confused if my lease was set to expire am I required to give him 30 day notice? Is it legal for him to take a pro-rated amount out w/o contacting me first?
Thank you for your time,
Carey-Ann

[excon]

Hello C:

Yes, you were required to notify him. If you didn't, the lease would have converted into a month to month tenancy automatically.

But, you knew you were required to notify him, and that's why you did. You just didn't do it soon enough.

You MAY have a shot, though. Depending on which state you live in, the landlord was required to send your deposit back with an explanation of what the deductions were for. That letter has to be received in a certain amount of time after the tenancy ends. If it ISN'T received, the tenant is entitled to THREE times the amount of the deposit no matter what the damage is or no matter how much rent you may or may not owe.

We have your landlord tenant law at the top of the real estate page on a sticky note.

excon

[LisaB4657]

Did your lease say anything about having to give the landlord notice within a certain period if you intended to renew or not renew the lease? How many apartments does the landlord lease out? Did he ever give you anything in writing stating that he was withholding part of the deposit? We need to know these things in order to tell you how NH law applies to your situation.

[CareyAnn]

Thank you for your responses. LisaB4657, Unfortunately I do not have the Lease here in front of me so I can not answer the first question with any certainty. I do not recall reading such a request. There was no written notification stating the "30 day notice deductions" I left the apartment is excellent condition. Clean from top to bottom no damages. I was an excellent tenant - he even agreed to the statement and said that indeed the apartment left in super condition. The landlord has many buildings and houses that he leases out. I did make notice on the lease that the "lease from - to dates" were recorded incorrectly. He wrote lease period as 11/1/08 - 11/30/08 when in fact it should have been through 11/30/09. I don't know if it is even worth fighting. I am just highly disturbed that he is behaving this way.

[ScottGem]

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.

You need to read your lease. Many leases have an automatic renewal clause or an automatic month to month clause. Such clauses usually state that notice is required if you don't plan on renewing. Sounds like your lease had such a clause. In such a case, the landlord is within his rightd to charge for another month.

[LisaB4657]

I'm sorry but we can't give you an answer with any degree of certainty until you've read the entire lease.

[excon]

I am just highly disturbed that he is behaving this way.

Hello again, Carey:

Let us know what you find when you get home...

However, I wouldn't be so disturbed about his behavior. He, like you, is entitled to some continuity in his affairs... You don't want to pay extra for time you didn't spend in the apartment, and that's understandable... The landlord doesn't want his apartment to sit vacant for a month, and that's understandable, too..

The purpose for notice is so that both parties can get what they want... But, when you leave him only 14 days to find a tenant for the 1st, you put him in a bind. He should have, at least, an entire month to find a tenant.. If he doesn't, well that's on him. But, because you've only given him a few days to work here, well that's on you.

I don't know how the law is going to work its way out in this situation. I'm on your side. I'm sure you were a good tenant, but that shouldn't cost the landlord extra.

excon