Do I have to give my landlord 60 days notice if the contract is expiring?

Question

My landlord refuse to give me back my security deposit because I didn't give her 60 days notice. I didn't give her 60 days notice because the contract is expiring, and I'm not entering into any new contract with her. Is this legal?

Answer 1

Her actions are fully legal, even if not nice. If the contract says 60 days notice, you have to abide by the terms of it.

If the contract did not say specifially what penalties can be imposed for failure to follow the terms, you may have some wiggle room.  

Answer 2

In my state, you do not.  If you lease expires, you are supposed to move out.  If she does not send you a letter claiming damages, you will have to take her to small claims court to get your money.

Check your state statutes for the specifics

Answer 3

If your contract (lease) stated that you must give her the notice, then you breached the contract. Residential agreements are structured to protect and benefit the landlord, and you signed it. If she knew you were leaving, she could've started the process to replace you. You left her high and dry without notice.

Answer 4

If the contract states 60 day notice then she can withhold your deposit, usually they read 30 day notice.~

Answer 5

Check the contract.  Many rental contracts clearly say that after the original term of the lease the agreement moves into a month-by-month contract.. I bet yours says that.   Since you did not give notice,  the landlord correctly assumed you were just going to let that happen.   So the requirement for the 60 day notice still stands and you can be held accountable for the 60 days of rent.  

Answer 6

If you want your deposit back, yes you must give the allotted timed notice in the contract.  Make sure you read the fine print and everything else on your contract when signing.  I know it sucks, I usually skip over too.  4 years ago I lost my deposit when I didn't give 30 days notice.  IT SUCKS!!!  The contract is legal and binding, and it is legal what she's doing, even though I think it's totally wrong!  Ex: I need every penny I can, and when I moved last year, I had to go through a lot of c**p to get my deposit back(it was $775).  But that was because the landlord was a bad guy who swindles the deposit from his tenants.   Also, it's good to be professional in those kind of areas in your life.  Don't forget the next place you live will use the old landlord as a reference.  Unless she has done something to break the contract herself, don't waste your time and money; small claims court or other civil charges depending on what state you live in.

Answer 7

depends on the laws in your location and the specific terms in the lease (contract).

show it to a local attorney.

courts in many locations automatically treble any improperly withheld security deposits so it may be worth it to invest in an hour of an attorney's time.