Submitted by alca0104 on Mon, 10/05/2009 - 17:44
I had been living at this location for 4 years, the selling brokers are now managing the property. When I moved in I paid the first month's rent and security deposit and I signed a lease that expired on September 30th, 2006. I had been living without a lease since September of 2006. I purchased a house on July 30th, 2009 and on that same day I gave my 30 day notice to the selling brokers. I moved out on August 7th, 2009. I didn't have a lease so I did not pay the last month's rent, plus I was not going to live the whole month at that apartment. Now the selling brokers do not want to refund my security deposit because I did not pay last month's rent. But I did not have a lease, am I entitled to my security deposit?
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Editor's Response
You were a tenant at will during the time you were living in the unit without a lease. As such, you were obligated to give 30 day's notice before moving out (just as the landlord could not have evicted you without giving the same notice). You did not give proper notice and remained in the unit during part of August. The landlord is within his/her rights to keep the security deposit and use it as rent for the last month.