Can a landlord withhold security deposit when there is no lease?

Question

Our lease expired 9/31. We payed rent for Oct. just like any other month. We found a house to rent for Nov. 1, our landlord said we will not get security deposit back because of short notice. We had never discussed a lease extention with them. Do they have the right to keep our money?

Answer 1

Probably. Deposit in lieu of rent for notice time is fair. If the lease ran out on 9/31 [right; good catch; 9/30, not 9/31], and said nothing, it undoubtedly went into a month-to-month character, as that's the way most leases are written. So you do have a lease, you have the automatic extension of the old one, unless one party notifies the other. The landlord would have notified you if he needed more rent, for example; and you were obliged to offer 30 days' notice of your termination of tenancy. Since your tenancy was legitimate under the month-to-month concept, he can keep the money to pay the last month's rent. And sue you for any damage, since the deposit is probably not large enough to cover both.

Answer 2

How did your lease expire 9/31 when a you said you had no lease and be there is only 30 days in September. Most rental agreements require 30 to 60 days notice to vacate. If you do not give notice you do not get your security deposit back. Then on top of that if you do not clean up they can send you a bill for that since you have already lost your deposit.

Answer 3

In most states there is an automatic roolover. Which means that if you do not state your intension to move or go on a month to month basis your lease will renew itself for the original time of the first lease. However if your lease does not state that your deposit can be with held for short notice or that a 30day notice is required than a security deposit should be refunded. Any questions please contact me at gjan1996@yahoo

Answer 4

The general rule for a holdover -- which is what you are -- is that the rental is from month to month (or rent period to rent period) with a notice period of (normally) one month.

So if you gave less than one month's notice, the landlord is entitled to keep the deposit.

Some, but not necessarily all, lease terms continue. Local law may give you additional rights, but it is wildly improbable that it would override what I have written above.

THAT SAID, you might have agreed something else with the landlord, particularly in respect of the length of time you were staying beyond the lease's terms. And see the link below regarding the statute of frauds (mandatory written document), although on its face that rule doesn't apply here.

Answer 5

Usually once a lease expires you stay on month to month. However you probably need to give 30 days notice. Read your lease agreement. Tell him you will take half back. He will find another reason to keep the money, soiled carpets, new paint, etc. Unfortunately you are not in a real good place to get the money back, so be nice and negotiate with him/her and then if he won't play nice say you will take him to small claims court and if necessary, do it. Might be kinda fun.

Answer 6

Yes if your lease had expired then the month to month takes on the letter of your old lease. What ever is in there is inforcable unless you discuss a new lease.

Answer 7

there is an amount of time that you have to give to vacate a premises......... if you moved out before that time was up lease or no lease then yes he can take the deposit to cover the time left from when you gave notice to quit to when the notice time is over.............. if he kicked you out without giving notice and time would you like it

Answer 8

no they dont have the right! even if it was short! and i think the law states that when you get moved out of a lease or something or other they have 2 give u the rights!