Can I still get my security deposit even though I did not give a 30 day written notice?

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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 11 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.


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