Walk It Through: The Deposit That Did Not Come Back
A month's written notice, a forwarding address, a silent landlord, and a lease that says the deposit is gone.
A tenant renting month to month decides to move out at the end of next month.
Two things a person in this spot might do. Picking one shows what the law says about it.
One move out from a month to month rental. Damage beyond the deposit, a deposit held by a new owner, a sublessee and unpaid utilities are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Notice periodThe time a landlord has to return a deposit: within 60 days of the end of the tenancy, or within 45 days of a new tenant moving in, whichever is shorter.
- Reasonable wear and tearThe ordinary decline of a rental through use, which is subtracted from any damage a landlord charges against the deposit.
- Security depositA refundable deposit a tenant furnishes to secure the terms of a rental agreement or as security for damage to the premises.
- Periodic tenancyA tenancy that runs from period to period, such as month to month. One shorter than a year may be ended by written notice for one full period before the end of a period.