If I only give my landlord 10 days notice that I am moving, can she use my security deposit for future rent?

Asked by Rev.harley, Brooklyn, NY Wed May 27, 2009

If I only give my landlord 10 days notice that I am moving, can she use my security deposit for future rent when I am month to month?

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David Ryan, Agent, Atlanta, GA
Wed May 27, 2009
Rev Harley:

Call your local renters association they can usually give you this info for free where an attorney may want a fee for consulting you (hey in these times everybode is try to get paid). Or the state real estate division.

This issue varies from state to state. Not only to what a security deposit can be used for but also the amount of notice needed to terminate even a month to month lease.
Web Reference:  http://www.jdavidryan.com
1 vote
Mitchell Fel…, Agent, Brooklyn, NY
Wed May 27, 2009
Dear Rev.harley:

I would suggest you contact a landlord/tenant attorney and ask him or her this question. You can probably get the answer over the phone for free. I would also suggest you have a peaceful conversation with your landlord and hope for the best.

I am not an attorney and cannot give legal advise, however, my humble take on it is as follows: You stated that you are a "month to month" tenant, I assume that this means there is no written agreement. If so it becomes a "gray" area and hard to give a definitive answer. Theoretically if you are month to month and your rent is paid in full prior to the date that you move out, also assuming you did not damage the apartment, I believe you should be entitled to get your security deposit back. Your landlord may disagree with my perspective and if so you may have a legal battle not worth fighting because the expense would probably be greater than your security deposit anyway.

Good luck!

Mitchell Feldman
Associate Broker
Madison Estates & Properties, Inc.
Office: (718) 645-1665
Email: MitchellSFeldman@aol.com
1 vote
Rhonda Holt, Agent, New York, NY
Thu May 28, 2009
Actually, I believe that you have to give your landlord more days than that. The fact is, your landlord will need time to repair and clean the apartment, pay for advertising to rent the unit and he will have a lapse of payment. I believe with such short notice that he may not have to give it back.

Also, you can read through your lease and it will stipulate the amount of notice the landlord needs.
Web Reference:  http://www.KandHhomes.com
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