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Roger, Attorney
Category: Legal
Satisfied Customers: 30902
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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This is a question re tenant rights and landlord actions.

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This is a question re: tenant rights and landlord actions. I have lived in my current apartment for five years. The lease expired November 30, 2008. Since then it has been on a month to month basis. On June 30,2010 I was accepted into senior housing. I immediately (July 1st) sent the landlord a letter saying I would vacate the premise by July 31,2010. I stated that she could keep my security deposit (one month's rent) and any accrued interest for the last month's rent. The landlord left me a message today that even though I was not on a lease, that I was still bound by the former expired lease to give her 60 days notice. She then went on to say that I therefore owed her 60 days rent and that I could not use the security deposit as my last month's rent. Is there any legal ground for what she says? Thanks, [email protected]

Once the lease is over, it is over. You're not bound by a 60 day notice period in an expired contract. If you're a month to month tenant, all you have to give is a 30 day notice.


As for the security deposit, the landlord is technically correct. A security deposit is any advance rental payment other than an advance for rent or a deposit for a key or any special equipment. A security deposit remains the tenant's property but the landlord holds a security interest in it. Security deposits must be kept in an escrow account in a Connecticut bank.


The money is supposed to be used to make necessary repairs to the space that are over and above normal wear and tear.


However, if there are no damages to repair, there's really no reason that the landlord couldn't accept it.

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