Landlord hasn't given us security deposit back

[FarmerJ]

If you still have a copy of your old lease perhaps you should re read it to learn what it required for notice to vacate, OR to learn if it said it expired and you were to vacate. BTW email is not proper notice , you said >> And are we talking hand written in the mail or just anything written that can leave a paper trail such as email?<< Paper trails are real written on paper letters sent via certificate of mailing, confirmed mail delivery , certified mail, registered mail , Fed ex , local courier. RE the carpet , so how long did you live there ?

 

[bob8619]

If you still have a copy of your old lease perhaps you should re read it to learn what it required for notice to vacate, OR to learn if it said it expired and you were to vacate. BTW email is not proper notice , you said >> And are we talking hand written in the mail or just anything written that can leave a paper trail such as email?<< Paper trails are real written on paper letters sent via certificate of mailing, confirmed mail delivery , certified mail, registered mail , Fed ex , local courier. RE the carpet , so how long did you live there ?

We were there for 3 years.

 

[bob8619]

I just read the lease and there is nothing about giving any notices if planning on not renewing the lease. The only mention of the lease ending is the terms stating that "this is a lease for a term not to exceed twelve months"

 

[LdiJ]

I gave a notice over the phone months before we moved. Just not in writing.

If your landlord aranged a walk through then an argument can be made that your landlord accepted notice that you would not be renewing the lease.

 

[FarmerJ]

I suggest you go thru the entire lease once more , only because most landlords do not offer leases that expire with no hope of renewing unless the LL has a specific reason such as planning on selling it next time its empty OR moving into it them self after a tenant is gone or placing a family member in the unit. I think its more often the other way around where a landlord would rather see a tenant stay on as long as possible , After re reading the lease again to make sure then if the LL has a problem with your lack of notice you could make a new copy of your lease and highlight >the terms stating that "this is a lease for a term not to exceed twelve months"< and politely remind them the lease term was set and it offered no information about notice to vacate and you would be happy to show a judge your copy of the lease.

 

[STEPHAN]

Yes we gave her our new address via text message the day we did the walk thru. Not sure if doing that over text was a bad idea or not but we do still have the text message on the phone.

Did they confirm that they got the message? The fact that you have the message does not prove that they got it. In future do not use text messages or phone calls to notify a landlord.

If you can not prove that your landlord had the new address and he did send the paperwork to your old address and kept the returned letter he would be fine.