Q: My tenant went to jail and will be there for awhile. Before he went I gave notice that I wasn't renewing the lease.
Now the lease is up, his belongings are still there, his significant other is complaining about not getting a 30 day notice (they got a pay or quit notice with 10 days. No rent was paid for January, and I have agreed to keep the sec. dep. as rent for January. She is insisting I still owe her 15 days (notice given on the 15th that I would not renew with either of them). No rent has been paid for Feb.
A:
Once they have vacated the property you have 45 days to give them an itemized invoice for any damages they have caused or bills owed otherwise they are entitled to the security deposit to be returned. You need to follow the letter of the law or it could come back to harm you in the future.
As for the holdover tenants, you may still need to evict whomever is left over.
Furthermore, holdover tenants still need to pay rent. They don't excused for paying rent just because there is no lease in effect.
Consult with a local landlord/tenant attorney in your area ASAP.
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