---

Posted by MAtt on January 20, 2002 at 18:59:28:

In Reply to: security deposit posted by Tom on January 19, 2002 at 18:51:37:

If your lease expired, and you did not sign a new one, then you can move on the expiration date of the original lease. As long as there is nothing in the original lease that says that you have to give a notice, then you are entitled to your deposit back. A lease is a contract which is a written agreement for a certain length of time. As long as there is no rollover, and all terms of the contract are fulfilled, both parties have no obligations to each other once the contract has expired

: My landlord agreed to extend my lease for 2 months but I did not sign the documents. I did not think it was necessary because I was paying the rent on time and the leasing agent never told me the consequence otherwise. I did notify the leasing agent by phone two weeks before I moved out and was told everything is OK. However, the landlord is now withholding my deposit based on the claim that I did not provide a written notice about my moving-out date, although they concede that there is a memo from the leasing agent about my moving date, and that I moved out on the first of the month instead of the previous day. They did not send me a notice to explain this and I had to call to find out.

: Do I have a chance in the small claim court? Or should I try to settle with them?

: Thanks,

: Tom

Follow Ups:

• Re: security deposit Tom 01/20/02 (0)

---

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 

Comments:
: If your lease expired, and you did not sign a new one, then you can move on the expiration date of the original lease. As long as there is nothing in the original lease that says that you have to give a notice, then you are entitled to your deposit back. A lease is a contract which is a written agreement for a certain length of time. As long as there is no rollover, and all terms of the contract are fulfilled, both parties have no obligations to each other once the contract has expired 


: : My landlord agreed to extend my lease for 2 months but I did not sign the documents. I did not think it was necessary because I was paying the rent on time and the leasing agent never told me the consequence otherwise. I did notify the leasing agent by phone two weeks before I moved out and was told everything is OK. However, the landlord is now withholding my deposit based on the claim that I did not provide a written notice about my moving-out date, although they concede that there is a memo from the leasing agent about my moving date, and that I moved out on the first of the month instead of the previous day. They did not send me a notice to explain this and I had to call to find out. 

: : Do I have a chance in the small claim court? Or should I try to settle with them?

: : Thanks,

: : Tom


Optional Link URL:  
Link Title:         
Optional Image URL: 

---