What Proper Notice Protects You From
If you give the required amount of written notice (typically 30 days for month-to-month, or per your lease terms), you have complied with your obligation. A landlord who keeps your deposit simply because you moved out is violating the law. The deposit can only cover actual unpaid amounts or documented damage.
What 'Proper Condition' Means
- Unit cleaned to the same standard it was in at move-in
- All personal belongings removed
- All keys returned
- No damage beyond normal wear and tear
- Any agreed-upon repairs completed
Document Your Compliance
Keep a copy of your written notice to vacate. Take move-out photos and video. Get written receipt of key return. These three things are your proof of compliance.
If Landlord Tries to Keep Deposit After Proper Notice
- 1Demand a full itemized accounting within the statutory deadline
- 2If itemization includes no legitimate charges, demand full return
- 3Send a formal demand letter citing your state's statute
- 4File small claims if no response within 14 days
Lease Provisions About Notice
Some leases include clauses that forfeit the deposit if insufficient notice is given. These may be enforceable. But many courts treat these as penalties and limit their enforcement. Know your lease terms and give the maximum required notice in writing.