Full question:
Our lease states that we must give 60 days notice prior to end of lease for renewal. I gave that notice, but decided to move due to a job relocation, at the end of the lease. I did not sign any lease for the following year, as the landlord did not send it in time. I let her know I would be moving 20 days before the lease ends. My question is: can she keep the security deposit (=one month's rent?)
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Massachusetts
Answer:
A tenant without a written lease is typically considered a tenant at will. In such cases, if rent is paid monthly, a 30-day written notice is generally required to terminate the tenancy. If proper notice isn't given, the tenant may be liable for the next month's rent, which the landlord could deduct from the security deposit as unpaid rent.
However, the landlord has a duty to mitigate damages by attempting to relet the premises. If the premises are rented to a new tenant during the unpaid period, the rent received must be deducted from the damages claimed. According to Massachusetts law (G.L.c. 186, § 15B), a landlord must return the security deposit within 30 days after the tenancy ends, unless they can justify deductions for unpaid rent or damages beyond normal wear and tear.
In your situation, since you provided notice 20 days before the lease ended, the landlord may argue that you did not fulfill the notice requirement. If they choose to keep the security deposit, they must provide an itemized list of any damages and comply with the legal requirements for deductions. If they fail to do so, you may be entitled to the return of your deposit.
For specific guidance, consider consulting a local attorney who can review your situation in detail.
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.