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-   -   How many days notice do you have to give in order to get your deposit back (https://www.askmehelpdesk.com/showthread.php?t=436534)

  • Jan 18, 2010, 04:37 PM
    Jacky381
    How many days notice do you have to give in order to get your deposit back
    My boyfriend and I rented a 3 bedroom house in ellsworth Kansas and I was not on the lease we got into a fight and broke up and the landlord didn't like me so since I was not on the lease she gave me 2 days to get all of my stuff and move out. I also have two small children ages 1 and 2 so I had to find someone to watch them and move all of my things out in a blizzard. Now we are back together and she won't give us our deposit because she is saying that my boyfriend did not give her 30 days notice. I was told that the law is really 2 weeks and we gave her two weeks. I'm not sure what to do but it's $600 that she owes us. We even sent a cleaning lady in after we moved out and the house was cleaner when we moved out than when we moved in what should we do?
  • Jan 18, 2010, 05:05 PM
    ScottGem

    First, You were a resident and she had no right to kick you out. Even though you were not on the lease, you were still a resident, and had to be legally evicted.

    Moreover, since you were not on the lease she had no right to evict you, only the boyfriend could and he still had to do it legally.

    But since you left semi-voluntarily you basically lost your rights on that end.

    Who told you the law was two weeks? Generally this should be spelled out in the lease. But Kansas law says 30 days if the rental period is monthly. So, you could be held responsible for the remaining period.

    When did your boyfriend move out? What notice did the landlord give about how she was using the deposit?
  • Jan 18, 2010, 07:32 PM
    Fr_Chuck

    Agreed, they could not make you move in 2 days, you could have just said no. They had to go though the legal eviction process, and court.

    Also I agree, there has to be a 30 day notice on a month to month rental. Next you said lease, so the lease will give a time frame, many leases often say 60 days, but you need to see what your ( or his) lease said. Next if the lease is not over, you can't just give notice anyway

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