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HeavySi · Dec 5, 2011, 09:52 PM

For 14 months, I (a friend) rented a room on a month-to-month basis. I paid a Security Deposit equal to one month's rent. Circumstances were such that I could only give 15 days notice before leaving for a job that took me out of the area. There was no written contract/agreement, only a verbal one where the Landlord required I stay for at least one year and return the room in good condition in order to receive the Security Deposit back, which I have done. The Landlord points to the Tenants Rights Guide and is using a 30 day clause to withhold a large portion of the Security Deposit. I contend I am due the entire deposit back because I adhered by the terms of our verbal agreement.

I have a few questions:

1) How much of the Security Deposit should I expect to receive back?

2) The Landlord was really just renting out rooms in his house. Does this differ from being a "legal" Landlord? If so, how does this affect the issue of returning a Security Deposit?

2a) In hindsight, is it possible to determine if renting out the rooms in his house is legal? Could there be any repercussions for him or me regarding the legality of this arrangement?

LisaB4657 · Dec 5, 2011, 11:14 PM

1. You should expect to receive half of the deposit, less any costs for repair of damage.

2. No difference.

2a. It's possible to determine but it won't matter now unless you want to try and get all of the money back that you paid for rent. In some locations a landlord must refund all rent paid for an illegal rental. There are no repercussions for the former tenant. The way to find out is to contact the town's building department to see if the property is a legal rental. Of course if you do so it has the effect of notifying the town about your friend's activities.

In most locations, unless a written lease provides otherwise, you must give 30 days advance notice if you are terminating your tenancy. Some states require that it be given at least one day prior to the date that the rent is due and shall be for the full rental period. Other states will allow the 30 days to run without regard for the rent payment date.

So in your case you would owe at least 1/2 of the rent for that month and in some states possibly more.

ScottGem · Dec 6, 2011, 05:01 AM

Originally Posted by HeavySi

I contend I am due the entire deposit back because I adhered by the terms of our verbal agreement.

I'm wondering how you figured that? Just because your verbal agreement did not mention giving proper notice, every area has laws about how much notice needs to be given. Without knowing the area, we don't know the exact laws, but if your friend cited a "Tenant's Rights Guide" that requires 30 days, then you did not adhere to the agreement. The landlord is entitled to a full 30 days rental and can apply the security deposit towards that.