Full question:
Is a landlord allowed to refuse a written 30 day termination notice after the property has been vacated? Landlord has been given keys, has done a walk through and has received a rent payment for the last month for an amount over our security deposit. He now states the notice is not valid until he receives a full month rent amount and he wants his building contractor to perform a secondary inspection of the property.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Arkansas
Answer:
If a rental agreement is terminated improperly, the landlord has the right to regain possession of the property and collect rent, as well as pursue damages for breach of the rental agreement and reasonable attorney's fees. The situation depends on the terms of the lease and whether you were a month-to-month tenant. Typically, a month-to-month tenancy can be terminated with a written notice given at least thirty days before the termination date (see 18-17-704). If you vacated the property and returned the keys, the landlord should honor your notice unless there are specific lease terms that state otherwise.
If the landlord claims the notice is invalid until he receives a full month's rent and wants a secondary inspection, this may not be legally justified, especially if you have already paid rent for the last month and returned possession of the property. Remember, the landlord must return your security deposit within thirty days after termination of the tenancy, minus any deductions for unpaid rent or damages (see 18-16-305). If there are disputes regarding the notice or the return of the security deposit, it may be advisable to consult with a legal professional for guidance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.