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atejeng · Mar 3, 2009, 02:09 PM

We paid 1mo. Rent and 1mo. Security deposit to our landlord back in 2006. There was no WRITTEN lease contract, everything was verbal. We mentioned to our landlord a couple of times last year that we are planning on moving. Come feb. 12th, we found a new place and notified our landlord that we are planning to be out by march 1st. First thing I asked was the security deposit. They said that since they are losing 1 month--MARCH, and we didn't give them enough time, we cannot get any of our security deposit back. Since this is the case, we are not in any rush moving all our things out of the apt. But I received a text message from them saying that the latest we could stay at this apt is MARCH 7th. Are they entitled to the FULL DEPOSIT based on the grounds that we didn't give them sufficient notice? Can they evict us? We already signed a lease with the new apartment but we're still hoping that somehow we could get some money back.

LisaB4657 · Mar 3, 2009, 02:18 PM

Please tell us what state you're in. The amount of notice you must give depends on state law.

Lowtax4eva · Mar 3, 2009, 02:20 PM

First off, you notified them February 12 that you are move out March 1, so they can keep the security deposit, without a written lease you have a month to month lease which requires 30 days notice when moving.

Now then... if you are still in the old apartment now this complicates things, yes they could evict you because you haven't paid rent for March, they have a security deposit, which does not become rent for the last month if you want it to be.

LisaB4657 · Mar 3, 2009, 02:22 PM

Originally Posted by Lowtax4eva

First off, you notified them February 12 that you are move out March 1, so they can keep the security deposit, without a written lease you have a month to month lease which requires 30 days notice when moving.

Not necessarily. Florida requires only 15 days notice to terminate a month-to-month tenancy.

Lowtax4eva · Mar 3, 2009, 02:26 PM

True, that would be an exception but in most states and other countries (the OP may not even be in the US) move out requires 30 days.

We'll have to see if the OP replies with their location.

atejeng · Mar 3, 2009, 02:30 PM

Originally Posted by Lowtax4eva

True, that would be an exception but in most states and other countries (the OP may not even be in the US) move out requires 30 days.

We'll have to see if the OP replies with their location.

We're in NY.

atejeng · Mar 3, 2009, 02:40 PM

Just a follow up question... basically by law, a landlord can keep the security deposit if the tenant failed to notify the landlord at least 30 days about the move?

LisaB4657 · Mar 3, 2009, 02:44 PM

From what I've been able to find, if you are in NYC then a written 30 day notice is required to terminate the lease. If you are in NY but not in NYC then a 30 day verbal or written notice is required.

However, telling your landlord a few times that you're planning on moving is not appropriate notice. You have to give the landlord a specific date by which you'll be out. From what you've told us here you did not provide enough notice and you owe March rent. But since you owe March rent you are entitled to remain on the property until March 31. If the landlord wants you out by March 7 then they are not entitled to rent beyond that date.