Security deposit

[Derrickjcook]

I recently moved out my apartment I was on a month to month lease but i was only able to give my landlord a 16 day notice I would be moving because I lost my job now he wont return my deposit is their anything I can do?

 

[Gail in Georgia]

What state did this occur in?

Many states would require a 30 day written notice to terminate a month to month tenancy on the part of the tenant (some tenancy at will leases require even a longer amount of time).

Did you have a written lease? If so, did it state the amount of notice you had to provide? Did you provide your notice in written form?

More information would be helpful please.

Gail

 

[Derrickjcook]

What state did this occur in?

Many states would require a 30 day written notice to terminate a month to month tenancy on the part of the tenant (some tenancy at will leases require even a longer amount of time).

Did you have a written lease? If so, did it state the amount of notice you had to provide? Did you provide your notice in written form?

More information would be helpful please.

Gail

Ohio is the state and lease said a 30 day notice but i lost my job and provided a 16 day notice over the phone not written

 

[Gail in Georgia]

Here is the statute in Ohio that states the amount of notice either party (the landlord or the tenant) must provide in regards to terminating a month to month tenancy. This is a notice provided at least 30 days prior to the "periodic rental date" (the date you normally pay rent). For example, if you pay rent on December 1, you would have needed to have provided this information to your landlord 30 day prior to this date.

It is likely that your landlord is using your security deposit to cover the rent owed during December.

The only other way to legally get your security deposit is if you or your landlord found a replacement for yourself to begin a new lease by the time you moved out (for example, December 1st). I'm using that date as I'm assuming that's when you left. Sorry if that's incorrect.

REAL PROPERTY » Chapter 5321: LANDLORDS AND TENANTS

5321.17 Termination of tenancy.

(A) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a week-to-week tenancy by notice given the other at least seven days prior to the termination date specified in the notice.

(B) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a month-to-month tenancy by notice given the other at least thirty days prior to the periodic rental date.

(C) If a tenant violates division (A)(9) of section 5321.05 of the Revised Code and if the landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant's household, or any person on the residential premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code, the landlord shall terminate the week-to-week tenancy, month-to-month tenancy, or other rental agreement with the tenant by giving a notice of termination to the tenant in accordance with this division. The notice shall specify that the tenancy or other rental agreement is terminated three days after the giving of the notice, and the landlord may give the notice whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code. If the tenant fails to vacate the premises within three days after the giving of that notice, then the landlord promptly shall comply with division (A)(9) of section 5321.04 of the Revised Code. For purposes of this division, actual knowledge or reasonable cause to believe as described in this division shall be determined in accordance with division (A)(6)(a)(i) of section 1923.02 of the Revised Code.

(D) This section does not apply to a termination based on the breach of a condition of a rental agreement or the breach of a duty and obligation imposed by law, except that it does apply to a breach of the obligation imposed upon a tenant by division (A)(9) of section 5321.05 of the Revised Code.

Effective Date: 08-22-1990

Gail

 

[Derrickjcook]

Here is the statute in Ohio that states the amount of notice either party (the landlord or the tenant) must provide in regards to terminating a month to month tenancy. This is a notice provided at least 30 days prior to the "periodic rental date" (the date you normally pay rent). For example, if you pay rent on December 1, you would have needed to have provided this information to your landlord 30 day prior to this date.

It is likely that your landlord is using your security deposit to cover the rent owed during December.

The only other way to legally get your security deposit is if you or your landlord found a replacement for yourself to begin a new lease by the time you moved out (for example, December 1st). I'm using that date as I'm assuming that's when you left. Sorry if that's incorrect.

REAL PROPERTY » Chapter 5321: LANDLORDS AND TENANTS

5321.17 Termination of tenancy.

(A) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a week-to-week tenancy by notice given the other at least seven days prior to the termination date specified in the notice.

(B) Except as provided in division (C) of this section, the landlord or the tenant may terminate or fail to renew a month-to-month tenancy by notice given the other at least thirty days prior to the periodic rental date.

(C) If a tenant violates division (A)(9) of section 5321.05 of the Revised Code and if the landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant's household, or any person on the residential premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code, the landlord shall terminate the week-to-week tenancy, month-to-month tenancy, or other rental agreement with the tenant by giving a notice of termination to the tenant in accordance with this division. The notice shall specify that the tenancy or other rental agreement is terminated three days after the giving of the notice, and the landlord may give the notice whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code. If the tenant fails to vacate the premises within three days after the giving of that notice, then the landlord promptly shall comply with division (A)(9) of section 5321.04 of the Revised Code. For purposes of this division, actual knowledge or reasonable cause to believe as described in this division shall be determined in accordance with division (A)(6)(a)(i) of section 1923.02 of the Revised Code.

(D) This section does not apply to a termination based on the breach of a condition of a rental agreement or the breach of a duty and obligation imposed by law, except that it does apply to a breach of the obligation imposed upon a tenant by division (A)(9) of section 5321.05 of the Revised Code.

Effective Date: 08-22-1990

Gail

Thanks for the advice