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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55708
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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We gave our landlord 29 days notice that we were moving out.

Customer Question

We gave our landlord 29 days notice that we were moving out. We have no lease. The landlord said he will take us to court b/c we did not give him 30 days and we will not get our deposit back. We haven't moved yet. Out date is July 1st. To our knowledge he has not inspected the property.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
He's not going to be able to retain all of your deposit for this 2 day shortage. He can only retain your deposit for damages suffered. So, all he has been damaged is 2 days so the only thing he can retain is 2 days worth of rent. If he doesn't return the remainder of your deposit within 20 days from the date you move out, file suit against him. You can do this in small claims court without a lawyer. Not only will you be entitled to the portion of your deposit wrongfully withheld, but you will also be entitled to 2 times that amount due to the landlord's failure to return that portion of the deposit. You don't have to worry about him being intimidating and threatening; the court will keep the playing field level for you. The following link will give you guidance and instructions on how to file your suit and the specific RI statute:
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