I placed a notice on the 5th and I was told It's a late notice they will use my deposit the following month. I moved in on the first then placed a notice on the 5th. Now they do not want to pay me back my deposit. Can you please advise?

I have found in the majority of rental/lease agreements I have been part of, if you break your lease, you need to give at least 30 days notice, so they can advertise the place and setup a rental ASAP. If you give less then they have less time and it might go into the next month so they'll take that out of your deposit.

Re-read your lease agreement and see if they're in the wrong. I suspect they're not.

As Craven notes, 30 days is normal and they are within their rights. The only way around this, possibly, is to find someone to rent the place now. However, they will use the deposit money for payment of the rent. Always need to read the contract.

I will agree, depending on the terms of your rental agreement.

But a standard notice is 30 days, and on month to month, you must give that full months notice. 1st to 1st or 31st to 31st.

So you may well owe for the next month. Your option wold be to stay for that month you owe or help find someone else to move in.

If they move anyone else into that apartment, they cannot change you rent. (double dip)

First, any question on law needs to include your general locale as laws vary by area.

Second, you need to read your lease. It will state how much notice you need to give before terminating the lease. If your lease started on the first. And you gave notice on the 5th, then you may not have given enough notice to end the lease.

If you didn't give enough notice then you may owe for the next month and they can use your deposit for that.