I initally signed a 6 month lease for a house and the landlord never had me renew it. I continued to live there for another 3.5 years. Common courtesy, I gave him a 30 day notice. He said he received my notice on Oct. 2 and that was not 30 days and so I owe for the month of November, even though I moved out on Oct. 31. Do I have any chance of successfully suing him for my deposit check? It has been over 30 days and I have never received the security deposit back.
2007-12-05 06:35:54 · 6 answers · asked by Theresa S 1 in Business & Finance ➔ Renting & Real Estate
You owe him 1 days of November, period.
You aren't likely to receive your entire deposit back, there are probuly some damages, but he can not withold a full months rent as you gave legal notice. It does not matter that you moved out earlier, your contract did not end until Nov 1,
2007-12-05 06:50:22 · answer #1 · answered by Landlord 7 · 2⤊ 1⤋
My lease agreement with my landlord specifically stated he requires a 30 day notice even with a month to month rental. So I will suggest you find the original lease and look it over.
Why did he received it on the 2nd was it mailed? if it was mailed then he has to go by the date it was post marked. So for sure if you put it in the mail before the 1st of the month then it is a valid notification, you can't helped when he received it and needs to return you your money.
2007-12-05 14:50:29 · answer #2 · answered by redbone_lds 5 · 0⤊ 1⤋
Why are landlords like this??? I am a landlord and I would be more than fair with a tenant...mostly one that has been, I assume, a good tenant for the length of time you have been. He had 29 days to get a new tenant and for 24 hours he is going to keep your security. I would talk to a lawyer...but landlords are counting on the fact that a lawyer will cost more than the security and most tenants won't bother. I would check with my local free legal services. Then you will probably be able to do something.
2007-12-05 15:43:22 · answer #3 · answered by Grandma of 2 5 · 0⤊ 1⤋
Not giving notice is not a valid or legal reason to withhold your deposit.
Also, you did give 30-days notice, if you count October 2 as one of the days in which he was aware that you were moving.
It is absolutely not legal for him to charge you the full month's rent if you didn't live there in November. If he's really going to be a stickler, he can pro-rate the month and charge you for one day's rent, but that's all.
2007-12-05 14:47:44 · answer #4 · answered by abfabmom1 7 · 0⤊ 1⤋
That should have been stipulated in the rental agreement, if there is nothing there, you shouldn't be obligated to any notice - thus you would have a right to sue for that deposit.
2007-12-05 14:41:41 · answer #5 · answered by mylilbubbers 5 · 1⤊ 1⤋
as long as you dated your notice you can fight for your money and yes you still need to give 30 day notice on a month to month I know I had to
2007-12-06 00:04:24 · answer #6 · answered by BEBE 2 · 0⤊ 1⤋