Q: Can my landlord keep my security deposit?
I gave my landlord notice that I was moving about 4 months before the move-out date (via text). About a month before the move-out date, I told him I may move out a little early (a couple of weeks), but I didn't know the exact date. I ended up moving about a week early. Now, he wants to charge me for an extra month saying I didn't give him 60 day notice. But, I did move before the date I originally gave him, I just didn't know the exact day. I can see paying to the date that I told him, but not the following month. Also, I'm wondering (though he didn't say this) if he would say that my text was not "written" notice that is required in my lease. Can he keep my security deposit for an extra month's rent for saying he didn't have proper notice?
A: Based on what you stated in your inquiry, you were still a tenant under a written residential lease. If that assumption is correct, the terms of the lease will control the type of notice and the period of time within which the notice must be given by the tenant to the landlord. If you complied with the terms of the lease as those terms relate to the notice, then you should be correct in your position. If you were ambiguous or not in full compliance with the terms of the lease as it relates to the notice, you may not have provided the notice that is required. This is a fact question, rather than a legal question. The facts will determine who is correct and who is wrong. If the parties cannot reach an agreement, then you may have to file a lawsuit for a Judge to make a determination.
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