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Leurre
Feb 7, 2013, 06:23 PM
In December I moved into a room in a house (in Washington DC). There was no written lease. I recently told my landlord that I would be moving out by the end of the month (less than 30 days notice). But now he maintains that I will have to forfeit the security deposit of one month's rent that I had given him. The reason is the following:

He understood our oral contract as being: pay the rent month-to-month, and stay for a period of at least six month, or forfeit the security deposit.

I understood our oral contract as being: pay the rent month to month, and it would be better if I stayed for six or more months. I simply do not remember him saying anything about forfeiting the security deposit.

In this situation, what is my best course of action? I understand that oral contracts are valid, but here there seems to be some disagreement on the content of the contract. Or does it not matter, and have I forfeited the security deposit anyway by not giving 30 days notice?

Thanks for your help!

ballengerb1
Feb 7, 2013, 09:05 PM
What you both recall means little compared to state law. http://och.georgetown.edu/uploadedfiles/Tenant_Survival_Guide.pdf

Leurre
Feb 7, 2013, 09:11 PM
Thanks for your reply.

I had already seen that document you linked to, and am still unsure what state law says about a case like this without a lease. The document doesn't really seem to address the situation I am in...

ballengerb1
Feb 7, 2013, 09:14 PM
This is the part you should have found.
"2.0 Security Deposits
Most tenants in D.C. pay their landlord an additional
one month's rent (called a "security deposit") when
they first move into their apartment. D.C. law
requires the landlord to return the entire security
deposit (plus interest if you have lived there for 12
months or more) when you move out, unless there
are damages in the apartment beyond normal wear
and tear. Unfortunately, many landlords do not
comply with the law and return this money only if the
D.C. Tenant Survival Guide
The Harrison Institute for Public Law page
5 tenant knows the law and exercises his or her legal rights."

ScottGem
Feb 8, 2013, 04:26 AM
Your tenancy ends 30 days after you give proper written notice. Therefore you owe rent until that time. The security deposit can be applied towards that unpaid rent.

Fr_Chuck
Feb 8, 2013, 05:57 AM
You have to give 30 days notice, so you will owe for a full legal notice to be given.

ballengerb1
Feb 8, 2013, 08:20 PM
Scott I don't think that is true in DC. The quote of their laws appears to say the security deposit can only be used for one reason, damages. Do you get a different read on this?

ScottGem
Feb 9, 2013, 05:54 AM
Damages can include financial loss. I very much doubt if a court would not include unpaid rent as damages.

AK lawyer
Feb 9, 2013, 07:15 AM
Damages can include financial loss. I very much doubt if a court would not include unpaid rent as damages.

If, as is suggested, DC law limits retention of security deposits to compensation for "damages to the apartment", the "financial loss" ScottGem suggests wouldn't apply. On the other hand, if it comes to court, there would be competing cross claims:

an extra month's rent for failure to give 30 day's notice; and
the security deposit.

Most courts would consider it a wash and credit one against the other.