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our lease is up on the second of september and we've decided to move to another apartment. Our lease says that we need to give a 30 day notice when we decide to move out, but we're planning on moving out the same day our lease is up, so does that mean we are no longer responcible for not giving a 30 day notice?
can the management withhold our security deposit?

please if you can give a site or something where i can show him proof, not just speculation.

2006-08-16 11:09:25 · 13 answers · asked by Anonymous in Home & Garden Other - Home & Garden

13 answers

You have to act in accordance with the terms of the lease. If the lease expires on a certain date and can only be renewed on certain conditions then if those conditions are not satisfied you have to leave on the day the lease ends. It is not a question of you giving notice more a question of what the lease requires of you when it ends. The 30 day notice should only be applicable if you want to terminate the lease when it is in force and there is more than 30 days left on it. If you comply with the terms of the lease your deposit must be returned to you; it cannot be withheld unless you have breached one of the lease terms so that damages are payable; even then the full deposit is not necessarily deductible.

If you are moving out tell the landlord in any case and you can argue about it if needs be. All you need to say is that you are not renewing the lease and that you will want your deposit back on the date that you leave and arrange for an inspection. Whatever you do if you are moving out it is best to know what your landlord's position is now because that will not change and the sooner you find out the better.

2006-08-16 11:22:39 · answer #1 · answered by Anonymous · 0 0

Your lease says you have to give a 30 day written notice. That is exactly what you are supposed to do. Moving out on the day your lease is up does not give the Management Company sufficient time to find a new renter. Not only can they withold your deposit, there are other charges you can incur as well. Did you move in on a Special? If so, that has to be paid back for not giving your proper notice. Are there damages that were not there when you moved in? There are many things that can happen. You do not say what state you live in, but you seem knowledgeable enough about the terms to know you were supposed to give a notice. Contact the office now and get it straight.

2006-08-16 18:21:06 · answer #2 · answered by educated guess 5 · 0 0

Read carefully lease, quite often it requires 30 days notice if you do not intend to extend the lease. Without notice that you intend to vacate lease is automatically extended.
The tenant landlord laws are different in most states, so it is impossible to refer you to the site not knowing in which state you reside.

2006-08-16 18:29:30 · answer #3 · answered by Anonymous · 0 0

I don't know your location, but if you look at your Rental agreement and you DO NOT find a clause pertaining to an automatic month to month tenancy, after the end of the Lease termination date, you must take the Lease as written. You must be out at the end of the Lease, Period! If your Landlord disagrees, take his *** to court, you will win!

2006-08-16 18:21:07 · answer #4 · answered by Anonymous · 0 0

It's hard to answer this without knowing where you live, but you usually have to give thirty days notice to get your secutity deposit back. You can however move at the end of a lease without notice without being responsible for any more rent.

2006-08-16 18:17:15 · answer #5 · answered by connie_mspt 4 · 0 0

California Law-Where do you live?:If you have lease agreement that shows end, that will automatically eliminated your contract. 30-days notice needed when you have a month to month lease (without any term).

2006-08-16 18:17:43 · answer #6 · answered by ♪▓♥Nancy♥╬♫ 2 · 0 0

Yes you do still have to give notice. The landlord would have had to give you notice if your lease wasn't going to be renewed as well.

2006-08-16 18:17:08 · answer #7 · answered by Anonymous · 0 0

In my experience, yes you do. Ask the management or look at your lease to make sure.

2006-08-16 18:15:29 · answer #8 · answered by baby_girl_1219 4 · 0 0

You still need to give a 30 day nitice, it doesn't matter if your lease is up. They can and will charge you if you don't.

2006-08-16 18:16:27 · answer #9 · answered by Olivier P 3 · 0 0

What state are you from. I am from Oregon and anytime I need to find out legal information I go to www.oregonstatebar.com You can do this too just type in what state you are from and find it will have landlord and tenant laws for your state. I hope this helps.

2006-08-16 18:18:25 · answer #10 · answered by errinella2 3 · 0 0

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