[hkm]

I have a tenant that called me on Wed 7/30 to tell me she was moving out on Sun 8/3. We had an oral agreement that once her lease expired, we would do a month to month and she would give me 30 days notice before she moved out. At this point she didn't give me 30 days and was not out by the 1st of the new month. Do I have a right to keep 1 months rent from her security deposit?

[goldenband]

I'm not a lawyer, but:

I think there's always a presumption that reasonable notice must be given in such situations, oral contract or no. Any judge will see that four days is not reasonable notice.

Has she already paid in full for the entire month of August? If so, I'd write it off and give her back the deposit, since you only lost a few days of prep time.

If she's paid for part of the month, I'd consider deducting some portion of the deposit, but I wouldn't necessarily withhold the whole thing.

If she hasn't paid for ANY of August, you can probably keep the whole security deposit, assuming she normally pays her rent on the 1st of the month. If so, then staying three days "extra" is a de facto renewal of the monthly contract you had with her.

This is all assuming that her rent is due on the 1st. If it's due on the 15th, and she paid you for 7/15-8/15, then you have to choose between writing the whole thing off, and withholding 50% to make up for the second half of the month. Again, I wouldn't withhold the whole thing, since you can reasonably expect to rent the apartment by 9/1.

But again, I'm not a lawyer, so please take this with a BIG bushel of salt.

[Fresh68]

Being a former landlord in Hartford, Ct.I can tell you that the deck is stacked AGAINST the landlord at all times.Your first mistake was an "oral" agreement.Get everything in writing from now on.

There are alot of factors which will determine your ability to keep the deposit.You can check with the clerk at your local housing court.Although they are usually liberal kids always on the side of tenants.So you might want to check with an attorney.

[Fresh68]

"Liberalism is a mental disorder" Michael Savage

[Hollytree]

Check your landlord tenant statutes in CT. Here in RI, a tenant must give 15 days notice to quit on a month to month, even an oral month to month.

[canuckexpat]

I have a similar question regarding rental laws in CT. We have been renting for the past year and a half. We are just about to sign another year extension.

I was wondering rather than signing one year extension, can we go month by month instead? What is the law in CT about this?

[glxyman21]

Originally Posted by canuckexpat

I have a similar question regarding rental laws in CT. We have been renting for the past year and a half. We are just about to sign another year extension.

I was wondering rather than signing one year extension, can we go month by month instead? What is the law in CT about this?

It is up to the landlord how to decide how long they want to make agreements for. It is not up to the state to say to go month by month or every 6 months or yearly. You can ask your landlord and maybe negotiate something for it, that is the only way.

[hkm]

Great advise everyone. Her rent is due the 1st of each month and no rent was paid for Augustl. She's been a pain and I've been too accomondating to her request all these times, she probably thought she can pull a fast one on me. When she called to inform me she was moving out she gave me such an attitude. When I informed her of our 30 days notice agreement, she said she was moving out at some point during the weekend and it didn't matter, she wouldn'y even give me an exact day. I'm sure she asumes her total deposit back since I've been so understanding in the past...but this was the last straw. Very unreasonable and irresponsible. Thanks for your help.

canuckexpat: Speak to your landlord and ask politely. I think once your lease has expired and if you're a good tenant he/she should agree.

[JayCT]

Since she did not give you 30 days notice and occupied the apartment for part of the month, I would keep one months rent. If she wants to make a fuss, let her, but I doubt that anyone would think a couple of days notice is sufficent. I am not a lawyer though. You may want to check with one before doing that. Jay

[evopuma]

I believe that once a written rental agreement expires it is assumed that it becomes a month to month tenancy. I'm pretty sure that most states also go under the assumption that there needs to be 30 days notice. Just remember to send her a certified letter stating why you are keeping her deposit.