Landlord did not give a 30 day notice....?

Question

My husbands cousin was renting a little addition and her landlord's told her on July 16th that they needed her out by August 1st because their nephew was going to come live with them. She could not find a place quick enough so she came to stay with us on Sunday (Aug. 9th). Now the landlord wont give her the deposit back because she stayed past the 1st, although two weeks was not enough time to find a new apt. Can the landlord do that?

Answer 1

this happens a lot and i think the people who do this are crooked and scam artists she needs to take them to small claims court in order to get her $$$ back i hope she kept all her papper work, voic messages anything that she can use to prove her case! good luck!

Answer 2

If you cousin has a lease,, and was moved out early, without proper notice, the landlord may be liable to your cousin for damages, including rents and deposits on a new place. Also in some states it is law that the landlord must give 60 day notice of refusal to renew lease.

Then again some laws are only for landlords that own 5 units in the same location.. Mom and Pop landlords let off the hook.

Answer 3

If the lease was in contract for longer than August 1st then she is owed her deposit back.  Also, your cousin had been living there therefore has "established residency" so she cannot be kicked out before her lease ends unless she has violated a term written out in the lease.

Answer 4

You need to check the laws in your area.  If you cousin had a lease that went past august 1 then she can sue the landlord for breach of contract.  If there was no lease, then the laws of your city will prevail

Answer 5

Not all states require 30 days notice.  Florida, for instance, only requires 15 days notice.

Answer 6

Most of the time you have to be given a 30 days notice unless stated otherwise in the lease, call a real estate attorney and they can help.

Answer 7

What state?

Are you sure that a 30 day notice is required per your state's landlord tenant laws? Some states require less than 30 days notice to terminate a month to month tenancy - Florida is one of them.

Answer 8

It's awful hard to argue the point after she is out. The landlord can merely "I asked if she could possibly move in two weeks and she did." What proof does she have that the move was under duress?

On the point of the deposit, that is hard to argue, too. if she did "over-stay" the rental period.