My lease ended on October 1st and I did not give my notice of non-renewal until September 1st. I am at fault for not giving my landlord a 60 day notice, but no where in my lease does it state that they can withhold my deposit for not giving a 60 day notice. Yes, my rent was paid up till the end of the lease, my utilities were paid, and there were no damages to the apartment. Can they withhold my deposit for not giving proper notice?
Answer
Unfortunately, they are not withholding because you failed to give timely notice. It is actually your failure to give timely notice means that they are now owed rent for the month of October since your lease does not end until November 1st. Now they do have a duty to mitigate their damages so if you can show that someone else moved in the apartment or they didn't take reasonable steps to try to re-let the apartment, you may be able to recoup your security deposit. They do have to provide you a notice as to what happens with your security deposit,
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