Can I still get my security deposit even though I did not give a 30 day written notice?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I still get my security deposit even though I did not give a 30 day written notice?
My lease was up on May 31. I spoke to the landlord on the first of may I let him know that I would be staying until July or August. I did not give a written notice because the contract automatically goes into a month to month if no notice is given and I did not have a set date to move out. On the 21st of May he called and told me his sister and law wanted to move on the first on June, so that he needed the house. they called on the 29th and told me I could stay until July but by that time I had already found a place and let them know I that I was moving. Turned in the keys house was perfect.
Asked on June 27, 2011 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Ordinarily, for a month to month tenancy, 30 days notice is required. However, the parties may agree to allow the tenant to move out on less notice. From what you write, you could argue that the phone call of the 21st constituted the landlord's offer to let you move out with less than 30 days notice--with approximately 10 days notice, on the first of June--which offer you accepted by moving out within that time frame. Therefore, a reasonable position is that you would not owe the landlord any rent for the usual 30 day notice period, and thus, if there are no repairs, etc. required, you are owed your security deposit. If the landlord disagrees however, and trys to hold your deposit (or at least as much of it as would cover 30 days rent), you'll need to sue to get it back--you'll thus need to decide whether the cost of doing so is worth what you hope to recover.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.