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First, I apologize if this question has already been answered and if this is a repeat thread.
I signed a one-year lease in July 2009 for the apartments I'm currently living in. The lease expired in July 2010, and since then, I've been living there on a month-to-month basis. I recently started going to night school, and my mom watches my son for me at her home or sometimes at mine. With her living 30min away from me, the going back and forth between the both of us, has become an issue, so she suggested I move closer to her.
My work, my school, my son's school, his daycare and my mom's house are all located within a 5-10 mile radius from one another so I figured I would move closer to everything. I started apartment hunting last week, and yesterday, I luckily found some apartments that will be ready to move into on Nov 1. I notified my current manager that I will be moving out before next months rent is due, and (being that she is new) she consulted with the maintenance guy-not even the owners of the apartments (the apts are locally owned)-who then stated that he was keeping my $300 deposit because I did not give a 30day notice.
My question is: can he does this? Does a maintenance guy have any say so in this matter? If not, can the landlord/owners legally keep my deposit since my lease expired in 2010, and I've been living there month-to-month since then? Any help would be greatly appreciated.
Last edited by AJsMOM83; 10-21-2011 at 10:09 AM..
Reason: spelling errors
The person to whom you pay your rent and deal with is the person with whom you signed the lease.
On a month to month tenancy you are legally required to give the notice as set out in the the state landlord tenant laws. Some states require 60 days but the norm is 30. If you decided to quit at the end of October your written notice should have been given by September 30. So, yes, you are legally liable to pay November's rent. If your rent is equal to or more than your security deposit then count your lucky stars that that's all that's being demanded and get the agreement in writing.
While it is weird that they would have asked the maintenance guy, that doesn't change the fact that as a month to month tenant, you have to give 30 days notice. Best case scenerio would be if your lease allows a true "30 day" notice, instead of a calendar month notice. (The difference being that the first one would have you owing rent from Nov 1st to this time next month, so maybe 20 days, while the second would have you owing for the entire month of November). If your $300 deposit is less than those amounts, then you are very lucky if that is all they want.
My advice. Take that deal, move out as you have said, leave the place immaculately clean, and fix any damage you have caused. Hope you never hear from them again.
I agree in part with STT. Yes you would be required to give 30 day notice unless your state's LT statutes say 15 days (highly unusual). However, where I don't agree is this: in some states (many even), the security deposit may not be used for the last month's rent. Period. So you need to look it up. Google's search engine is quite easy: (your state) Landlord-Tenant Laws. Or query this way: Texas Landlord-tenant security for last month's rent.
And it works the same way for finding out the required notice: Texas Landlord-Tenant notice to vacate.
If your state is one that does not forbid the use of security as last month's rent and if your lease/statutes require 30 days' notice, then they absolutely are right to hold your security deposit. BUT
the landlord is then entitled to send you a bill for any damages (make absolutely certain you do a walk-through and get a signed statement as to condition).
And, of course, your landlord has the option of pursuing you in small claims or landlord-tenant court for the back rent if security is not to be used for rent.
NYAnnie, as I said the state laws do vary where notice is concerned and yes, the security deposit can't be used as rent (I don't believe in any state) unless a judge rules that it may in cases where an issue comes to small claims court. This is why I suggested that the OP get the final agreement in writing as she is actually facing a very sweet deal in only having to forfeit $300 when I'm sure that not only her monthly rent is more than that but it will thus protect her from any damage claims.
However OP, and as Lacerta said, make sure you leave the place immaculate and with any damages fixed. You may need the LL for a future reference!
I have no problem with the owners keeping my security deposit if the case is that they are legally entitled to it due to the fact that I gave themless than 30 days notice of my moving out.
My issue is that the manager (whom has been the manager less than a month) asked the maintenance guy about my SD, and him saying it wouldnt be returned due to notifying them under the 30 days that are required.
When I initially moved in 2 yrs ago, I did so on July 4th, therefore my rent is due on the 4th of every month. So technically, my last day to be all moved out is Nov 4, but I will be gone on Oct 31, and moving into my new place on 1 Nov.
To be honest, the fact that this is coming from the maintenance guy, and not the owners/landlords, has me raising an eyebrow. I sincerely hope I am wrong, but I have a feeling he is going to ask the owners for my deposit back, and pocket the money. That is why I figured I would ask this question, hopefully to get answers from realtors as far as what they and legally entitled to, as well as myself, upon vacancy of an apartment, before I go straight to the owners and cause unnecessary problems. Like STT said, I may need their reference in the future.
Your rent "due by" date has nothing to do with the date you moved in. Your rent due date is the date that's on your lease.
You should write to the person with whom your original lease was executed and advise them that you are leaving, explaining to them why you didn't give the required notice and detailing what happened between you, the manager and the maintenance man concerning your security deposit. Ask them to confirm that this is acceptable. Ideally the letter should be sent return receipt certified mail. Put your 'phone number in the letter. Time is running short so if you have their email address send them a copy of the letter via mail too.
Your rent "due by" date has nothing to do with the date you moved in. Your rent due date is the date that's on your lease.
You should write to the person with whom your original lease was executed and advise them that you are leaving, explaining to them why you didn't give the required notice and detailing what happened between you, the manager and the maintenance man concerning your security deposit. Ask them to confirm that this is acceptable. Ideally the letter should be sent return receipt certified mail. Put your 'phone number in the letter. Time is running short so if you have their email address send them a copy of the letter via mail too.
The rent due date that is on my lease is the 4th of every month. I have a 5 day grace period, so I have until the 9th to pay my rent. Am I misunderstanding you?
The person who was the manager at the time I moved in, that I originally signed my lease with two years ago, moved about a year ago to Georgia. I have no idea how to get ahold of her.
Ok, so write a letter. Gotcha. Thank you for the suggestion!
If your lease states that your rent is due on the 4th then it's due on the 4th so your notice to quit should have been given October 3rd. Grace period means nothing where your notice is required.
I'm getting the sense this was a very sloppily put-together lease agreement. It seems from what you said previously that you know who the owners are so, in light of the apparent confusion, write to them. Hope it all works out for you and good luck in the new place.
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