Hi,
I need some advice here. I had a lease where the landlord attached a rider saying the landlord wants two months notice before leaving. The lease expired in February. Landlord and I both forgot about the lease expiring. Middle of January, we both talk and I tell the landlord that I need to leave at the end of February. I pay the February rent and move out, leaving behind a clean apartment.
Now the landlord won't give me back the deposit claiming that I didn't give two months notice. I assumed that since the lease expired in February that there is not contract. I understand that I have to give two months notice in September because the lease expires 6 months later. But if the landlord wants two months, they should start lease renewal two months before it expires. Right?
So given that they asked to renew the lease less than two months before expiration and I said no, was I obligated to stay another month? If not, then the landlord doesn't have a reason to withhold my security deposit.
I guess in retrospect, I shouldn't have paid my last month's rent and avoided all this hassle, but I was trying to be a nice guy.
So should I go to court? Do I have any other options?
This building is a privately owned building with no rent stabilization.
thanks,
john