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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102522
Experience:  Attorney
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A rental contract was not renewed in 2 years do I have to

Customer Question

a rental contract was not renewed in 2 years do I have to give deposit back?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) What state is this in?

2) Is the tenant breaking the contract/lease somehow? Or, are they simply not renewing, but are finishing out the lease per the contract?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Tx tenant contract expired after 1 year lease and I the owner did not renew one she stayed renting my home for 2 years without contract I asked her over text to please leave home in 30 days and she is asking for deposit of 3 years ago
Customer: replied 1 year ago.
She returned the home in bad shape
Expert:  Ely replied 1 year ago.

Thank you.

By law, a residential landlord/tenant contract goes month to month if it is not renewed. This is what happened here. A month's notice is required by law to terminate the contract by either party. Again, this is what happened here. Assuming the tenant moves out in time, then they can request the deposit back. The landlord does have to give it back, even if it has been 3 years - this deposit has been "controlling" the situation from the beginning. The deposit does not "expire."

The landlord then has 30 days to return the deposit after the tenant moves out, however they can withhold money for the following:

-unpaid rent, or

-reasonable charges for damage to the property beyond normal wear and tear, and/or

-reasonable charges for necessary clean up.

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I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!