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licen1, Abogado de Puerto Rico
Categoría: Ley de Puerto Rico
Clientes satisfechos: 302
Experiencia:  Licenciado postulante / litigante por mas de dos decadas
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I live in a house in puerto rico in which we have a 6 month

Pregunta del cliente

I live in a house in puerto rico in which we have a 6 month lease which expires on Dec 1. Can the landlord not give us our security deposit back just because we didn't give 30 days notice prior to the contract expiring? Or is it 30 days prior to us planning on moving out, regardless of the status of our contract? So, can the landlord kick us out on December 1st without giving us 30 days notice and take our security deposit just because we didnt give noticeby November 1st even though we planned to stay? (we never intended to move out we planned on being there in December but a decision wasn't made yet and we were in the process of negotiating a new one)
Enviada: hace 3 años.
Categoría: Ley de Puerto Rico
Experto:  licen1 escribió hace 3 años.
Good evening and thank you for using just answers. Your security deposit is just that a deposit to cover any damages that might occur during your rental period, any utilities gone unpaid or any back rent unpaid. This security deposit can not and should not be construed as the last month payment nor as a penalty clause for moving out at the end of the term stated in your rental contract.
Your landlord cannot keep the deposit just because you did not notify within the thirty days that you had intended to stay or leave the rental property. The thirty day period is given so that a landlord when notified is obligated to continue to rent said property to you or in the event that no notification is given as in this case, he can place a rental notice of availability to the general public so that at the end of your contract term the landlord does not stay with an empty property. It is a thirty day term to allow the landlord to show and offer the property to others. If at the end of your contract you choose to move and no damages have been caused to the property nor any utilities have gone unpaid and you have effectivly moved out of the property at said date, then the landlord must under law refund the total amount of the security deposit to you. The thirty day term is prior to the date stated in your contract. In this case it would begin on November 1 and end on December 1 of 2014.
The landlord cannot kick you out at the end of your contract. Under local Puerto Rico law he must file in court a unlawful detainer of property proceeding which will then give him the right to remove you and your belongings from his property. This is done by a court warrent officer and not by the landlord himself. The landlord cannot disconnect your utilities niether since the law does not provide for this action and literally prohibits this action.
If you so decide to stay then the contract is automatically renewed under the same terms and clauses contained in the original contract. Do take note that your landlord is not obligated to allow this since you did not opt to notify him within the thirty days allowed in your contract.
Your best option is to talk to the landlord today and tell him of your intentions. Good luck.
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Cliente: escribió hace 3 años.

Can you please elaborate on what exactly you mean here? 'Do take note That your landlord is not Obligated to Allow This since you did not opt to notify him Within the thirty days allowed in your contract.'