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Old 06-01-2008, 12:06 PM
 
31 posts, read 195,265 times
Reputation: 16

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I am freaking out, but I'm sure a call to my property manager will placate my concerns. But it's Sunday, so that's not an option.

Here's the situation. I have a lease that ends at the end of June and had I not terminated, it would convert to month-to-month. I gave written notice last week (over 30 days in advance), that I would be moving. Thus, we will be living out the full terms of our original lease.

The property manager sent a form letter that outlines our responsibilities as we vacate. It's all very straightforward except for one line: "Please note that your lease much have renewed beyond the one-year term for refund of security deposit."

I am worried because they have two months' rent security deposit (extra month for pets). I suspect this is just a poorly worded form letter, but is there any grounds for them keeping the security deposit if we ONLY fulfill the length of our lease? I have scoured the lease for clues, but it looks like a normal security deposit clause.

I gave 30 days in writing to end the lease at the originally scheduled date. Am I missing something?
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Old 06-01-2008, 12:35 PM
 
Location: SW Austin & Wimberley
6,333 posts, read 18,049,590 times
Reputation: 5532
Your lease agreement and your state/local property codes dictate the disposition of your security deposit, not a form letter from the property manager. I know of no state where, upon successful completion of your lease term, you are not entitled to full refund of your deposit, less any pre-agreed fees for cleaning, pet treatment, etc.

Steve
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Old 06-01-2008, 12:44 PM
 
31 posts, read 195,265 times
Reputation: 16
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Steve: Thanks! That makes me feel better. I have moved often and have gotten better and better at making sure to cross every t when moving. I expect to do all cleaning etc. I submitted photos to the property manager at move-in to ensure that we were on the same page with property condition. I always look at each lease very carefully to know exactly what I agree to. I have never before rented from a place that would convert from month-to-month at the end of twelve months, and I suspect that this property manager deals with all sorts of tenants (based on the fact that I had to initial that I would not flush paper towels down the toilet, I can only imagine). I don't know why their form letter doesn't just say, "to receive your security deposit, you must be in full compliance with your lease." The only thing I could think of is that since renewal is addressed in the lease, if we didn't renew we wouldn't have dealt with all the provisions? Anyway, knowing the law is on my side is enough, since I do trust professional property managers to understand the law a well. I hope, at least.
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Old 06-02-2008, 12:53 AM
 
28,114 posts, read 63,642,682 times
Reputation: 23263
Ditto what Steve said
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