Q: My tenant has a lease with us until Feb 2018. We told them we were putting the house on the market
in the end of July 2017 and it was listed by Mid August. They decided to move out at the end of August 2017. I believe they technically gave us 30 days verbal notice. We planned on giving them 30-45 days notice when we got an offer. Do we technically owe them their security deposit because they did break the lease?
A:
In general, the terms of your lease agreement will control. Your lease should provide the requirements that must be satisfied to end the lease, whether at the end of a term or upon the happening of other conditions that you establish.
While a security deposit may be held for nonpayment of rent in certain situations, it is hard to provide a clear answer without the full context of the agreement between you and the former resident.
To ensure that you are fully compliant with North Carolina's landlord-tenant law, please consult an experience landlord-tenant lawyer.
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