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Posted by MAtt on November 18, 2001 at 02:20:46:

I am suing, and being countersued, by my landlord for my deposit ($670). Here's what happened:
My one year lease expired Aug. 31, 2001. On Aug. 1, I asked my landlord for a one-month extension, from Sept. 1-30.
He agreed, as long as it was in writing. I wrote up the agreement, stating that I would notify him by Sept. 1 if I needed the apartment longer than Sept. 30. We both signed this agreement and each kept a copy. I did pay him rent for that month. On Aug. 28, I wrote out another extension, for Oct. 1-15. This extension also stated I would be out of the apartment on Oct. 15. (Giving 48 days notice).
My landlord refused this notice, saying he did not want to go half a month. Reluctantly, I wrote up an extension for Oct. 1-31, which also stated that if we needed to move out prior to Oct. 31, we would give 30 days notice. I signed both copies, then handed it to my landlord with a pen. He then said that he would look it over and get back to me. He never got back to me, and went to Europe for 3 weeks.
Without his signature on the Oct. extension, I ended up leaving the apartment on Sept. 29.
Questions:
1. Am I entitled to get my deposit back? I feel like I did give him a notice (48 days) which he verbally rejected, then we never came to an agreement for another extension, because he did not sign it.
2. Can he sue me for unpaid rent (All of Oct.), plus for fees that he used for a real estate firm, which got him a new tenant on Oct. 17?
I appreciate any advice on this matter. Thank you

Follow Ups:

• Re: Is notice valid? John. F 11/24/01 (0)

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Comments:
: I am suing, and being countersued, by my landlord for my deposit ($670). Here's what happened:
:    My one year lease expired Aug. 31, 2001. On Aug. 1, I asked my landlord for a one-month extension, from Sept. 1-30. 
:    He agreed, as long as it was in writing. I wrote up the agreement, stating that I would notify him by Sept. 1 if I needed the apartment longer than Sept. 30. We both signed this agreement and each kept a copy. I did pay him rent for that month. On Aug. 28, I wrote out another extension, for Oct. 1-15.  This extension also stated I would be out of the apartment on Oct. 15. (Giving 48 days notice).
:   My landlord refused this notice, saying he did not want to go half a month. Reluctantly, I wrote up an extension for Oct. 1-31, which also stated that if we needed to move out prior to Oct. 31, we would give 30 days notice. I signed both copies, then handed it to my landlord with a pen. He then said that he would look it over and get back to me. He never got back to me, and went to Europe for 3 weeks.
:    Without his signature on the Oct. extension, I ended up leaving the apartment on Sept. 29. 
:    Questions:
: 1. Am I entitled to get my deposit back? I feel like I did give him a notice (48 days) which he verbally rejected, then we never came to an agreement for another extension, because he did not sign it.
: 2. Can he sue me for unpaid rent (All of Oct.), plus for fees that he used for a real estate firm, which got him a new tenant on Oct. 17?
:     I appreciate any advice on this matter. Thank you


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