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Can my landlord keep my deposit on a lease that expired/that now rolls into a new lease.

Charlotte, NC |

i moved out 2 yrs after my lease expired gave a 60 day notice even though job relocated us.but my landlord kept the deposit. which on the 2nd month of the notice he told us to go ahead and leave because he was keeping the deposit. he basically got 3 months rent on a contract that he said if we provided a letter from the job could be broken.

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Attorney answers 1


You should have an attorney review the lease and your circumstances to see if the lease renewed yearly or if you went to a month to month tenancy. In addition, the landlord is required to supply you a written breakdown of the security deposit and refund of any excess within 30 days from termination of the tenancy and delivery of possession by the tenant. Although the statute does not directly say so, most judges I have come across in these situations do not allow a non-complying landlord to retain any of the security deposit.

Your attorney could also be granted his attorneys' fees if the judge finds the landlord's non-compliance to be willful.

I hope this information is helpful.

David Haar, Esq.
Spirakis & Haar, PA
Myrtle Beach, SC

* *This is general advice; please consult with a local attorney about the specifics of your situation as everybody's circumstances vary and laws may differ from jurisdiction to jurisdiction. No attorney client relationship has been formed by the providing of this advice.