Real Estate Law
Ask a Real Estate Law Question, Get an Answer ASAP!
If the notice requirement was not met (the full requirement) then you have not received notice and need not vacate the premises unless the lease states otherwise. You could also vacate the premises voluntarily at the end of the lease, but if the notice requirement was not met (read the lease carefully about the end of the lease) then you can probably stay one more month. The landlord cannot keep your deposit without cause. The lease should spell out the reasons the landlord may use to retain the deposit. If none of those reasons exist then the landlord may not retain your deposit.
I strongly recommend a thorough review of your lease concerning the notice conditions, the end of lease provisions, and the deposit return. Once you have determined what provisions have been violated you should consult a local attorney about suing for the return of your money. Often times a letter from a local attorney is all it takes to get the money back... plus expenses.
Please reply if I can help further.
My apologies. I misread somehow and thought your landlord had given you notice to be out.
What did your lease say about the expiration notice requirement? Understand that many residential leases are designed to become month to month after a period of time (lease period). The lease period is usually used to provide some stability to the landlord and tenant to ease concerns over rising rent, vacant apartments, etc. Unless specificied, after a contracted lease period then tenancy becomes a periodic tenancy which can be ended by either party by giving adequate notice. The notice is normally defined in the lease, but can default to 30 days if there are no lease provisions.
It sounds like your landlord is being a jerk. I have no idea what your lease amount was, but I can tell you that your landlord had a duty to mitigate his damages as soon as you provided the notice. Therefore, if you can show he rented the property immediately or if you can show that he sat on his hands and took no action to mitigate his damages by immediately re-renting the property then you may be able to recover your deposit.
Again, read your lease carefully and if you feel that you are being punished over a 4 day lapse then speak to a local attorney about sending a demand letter. Make sure to mention the duty to mitigate and try to have some facts together about what the landlord did during the time you gave notice and moved out.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).