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My name is Teri. Anyhow...my situation in a nutshell. I

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My name is Teri....
My name is Teri. Anyhow...my situation in a nutshell. I signed a year lease in 2/09. I LOST the lease, so did my landlord apparently. Neither of us can find our copies. The lease expired, and since I have been going month to month. Rent is $1400/month. When I signed the lease I gave the landlord a check for $2100. He NEVER put my money in escrow as far as I know. I have a copy of the bank statement, and the cancelled check from the bank. The check was made out the landlord's wife with a notation of Security Deposit...plus the address for on the Memo line. I want to give notice and move out in 6 weeks. CAN I USE THIS SECURITY DEPOSIT MONEY AS RENT AS it was never put in escrow? It is Dec. 1st today, so can I give 6 weeks notice and move out Jan. 15th, NOT pay rent and let him use the security deposit for it? Since I never received any notice about an escrow, I assume he spent the deposit. How much notice do I give that he is to use the deposit for the last 6 weeks rent according to law? Rent is due today, the old missing lease gave me a 5 day grace period. Is there a form to use? Certified mail? I need help!
Submitted: 7 years ago.Category: Real Estate Law
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Answered in 2 hours by:
12/1/2010
Real Estate Lawyer: lwpat, Attorney replied 7 years ago
lwpat
lwpat, Attorney
Category: Real Estate Law
Satisfied Customers: 25,387
Experience: Practicing attorney with expertise in easements
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As for notice, it needs to be thirty days and a full month. You need to give notice today to be effective Jan 1. You have to pay for a full month even if you move out in the middle of the month. As for the deposit, you can notify him to deduct the last month's rent from the security deposit. However, you need to be sure to demand in writing and get a written walk through to prevent getting charged for damages.
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Category: Real Estate Law
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