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View Full Version : My landlord doesn't want to return my security deposit


magipav
Mar 6, 2009, 04:26 PM
Hello,I have a lease contract with 12 months term from November 1st, 2006 to October 31st,2007. I would like to leave this place and my landlord doesn't want to return my security deposit back. He said that the contract renews every next year itself and if I want my security back, have to leave on October 31st this year. That statement makes my contract for life if I don't leave on October. Ok, the contract renews every next year but if it so, shouldn’t I receive a contract for every next year because I have signed a contract with an ending date of 31st October,2007. Does he have the right to keep my security deposit? He even doesn't want to inspect the apartment for any damages.

Thank you very much for your help!

ScottGem
Mar 6, 2009, 06:39 PM
First, have you actually read your lease? Many leases have an automatic renewal clause that state that you have to give 30-60 days notice prior to Oct 31 that you are terminating the lease. Sounds like your lease has one.

If the landlord is letting you out of the lease by keeping your security, that's actually a good deal.

magipav
Mar 6, 2009, 07:24 PM
Yes,I have read my lease. But if this lease renews automatically every next year why I didn't receive from my landlord a new one with a new period. I signed a lease with a period that is already expired in 2007.
I don't agree with this and I think this is just a rubbery!

Fr_Chuck
Mar 6, 2009, 07:39 PM
No there is no requirement to give you a new lease and to have to sign a new one, If there was a new paper lease each year, then the old one would not automatically renew, a new one would have to be signed.

Many contacts automatically renew, and this includes many if not most leases, You have to give them notice during the lease.

And I am sorry you don't "agree" with it, but it is first very common, and second very legal.

ScottGem
Mar 6, 2009, 07:41 PM
You don't need a new lease because of the automatic renewal. Its not necessary since the lease will state that it automatically renews. You signed a lease that says either you or the landlord has to give you notice if they are not renewing.

This is not robbery, and you DID agree with it when you signed the oriiginal lease. Such clauses are not uncommon.

artlady
Mar 6, 2009, 07:44 PM
Contact your states Attorney Generals Office.They are free and they will help you quickly.

ScottGem
Mar 6, 2009, 08:02 PM
Contact your states Attorney Generals Office.They are free and they will help you quickly.

Help him with what? If his lease has an automatic renewal clause then there is nothing to help him with,

magipav
Mar 6, 2009, 08:58 PM
For your information ScottGem nobody can "catch" you with this kind of a lease if he/she doesn't inform you for the renewing every year. But excuse me you are an expert you have to know that.

artlady
Mar 6, 2009, 09:03 PM
That automatic renewal thing is a bunch of crap and it drags a lot of people in . You have to not sign on for that or pay the price.
People read your contracts! They will renew your contract unless you stop it.

Lowtax4eva
Mar 6, 2009, 09:06 PM
magipav, ScottGem is saying to read your lease, many leases have a clause (written on the original lease) that says the lease will renew each year unless you advise the landlord you do NOT want it renewed.

If that is the case then you have a lease until October 31, 2009 because you did not tell them you wanted to leave.

Again if this is the case you have 2 options if you want to leave, ask your landlord to get out of the lease, it sounds like they want to keep the security deposit and let you leave now or option 2 find someone to take over the end of your lease for April 1 and I guess you will get your deposit back

ScottGem
Mar 7, 2009, 06:51 AM
For your information ScottGem nobody can "catch" you with this kind of a lease if he/she doesn't inform you for the renewing every year. But excuse me you are an expert you have to know that.

Excuse me? I don't understand what you are saying. If you have read your lease, what does it ACTUALLY say about renewals? If it states, like I suspect it does, that the lease is automatically renewed unless a termination notice is received within a certain time, then there is no need for notification. Nor does the automatic renewal clause need to be explained as you are expected to read your lease and understand it.

I will also point out that the lease first expired on 10/31/07. So it was renewed then and, therefore, you should have been aware of the automatic renewal.

I'm sorry we aren't giving you the answer you want to hear. But we are giving you the correct answer based on the information provided.