Can my landlord keep my security deposit because I only gave her 2 1/2 weeks notice thatI was moving out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my landlord keep my security deposit because I only gave her 2 1/2 weeks notice thatI was moving out?
I did not sign a lease and we did not have any verbal agreements; I simply paid her rent for the next month on the first of that month. Can she keep my security deposit because I didn’t give her a full months notice?
Asked on December 19, 2011 under Real Estate Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you have no written agreement with your landlord as to your occupation of the rental that you had and you gave her less than 30 days notice of move out, she is not allowed to keep your security deposit as partial rental payment for the short notice that you gave her.
Rather, she is required to return to you your security deposit within the statutory time period under your state law and if she has an issue about unpaid rent, her recourse is to resolve that issue with you on her own or go to small claims court.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.