J
janyburb
Guest
What is the name of your state? Massachusetts
I provided my landlord 35 days notice and that I was leaving the apartment building on 11/31/03. When I moved in, I had paid first, last, and 1 month security deposit. I used my last month's rent for the cost of rent for the month of November. On 11/31/03 I turned in all keys and left a forwarding address.
My lease agreement states I must give 90 days notice, or I will be charged the equivelant of 1/2 a months rent to cover administrative costs and the such. I understand this part.
I know Mass law says that a security depost must be returned within 30 days that a tenant leaves the apartment. I have not yet recieved mine. And it's been a month and a half.
I called the landlord today inquiring about the return of the security deposit.. minus the 1/2 months fee for terminating the tenancy at will agreement in less than 90 days. She continued to tell me that since I had a 90 day contract with them, that I am responsible for the apartment until 1/31/04, including rent payments. She said she took my last month's rent to pay for the month of November, but that I'm still responsible to pay for December and January's rent. Unless someone moves into the apartment on January - in which case she will only hold me responsible for December month's rent.
Can this be done?
I see it as I've terminated my tenancy at will agreement.. I've paid rent for the time that I've occupied the building.. I'm paying the 1/2 month's rent as a fee for giving only 35 days notice and not 90 days notice.. but am I right to say that I am not liable to pay for December's month rent and that she should be sending me the remaining amount of my security deposit ASAP?
Also,,,, I know several people that lived in this same building and 1 person gave 40 days notice.. another person gave 7 days notice.. and they all received 100% of thier security deposit back. So, I know that the landlady doesnt "play by the same rules for everyone".
Would I have a case if I took her to small claims court to get my $575 (approx. the remaning amout of security deposit money after 1/2 month rent early termination fee is taken)?
Thank you for any and all assistance with this!
Janis Burbine
Abington, Massachusetts
I provided my landlord 35 days notice and that I was leaving the apartment building on 11/31/03. When I moved in, I had paid first, last, and 1 month security deposit. I used my last month's rent for the cost of rent for the month of November. On 11/31/03 I turned in all keys and left a forwarding address.
My lease agreement states I must give 90 days notice, or I will be charged the equivelant of 1/2 a months rent to cover administrative costs and the such. I understand this part.
I know Mass law says that a security depost must be returned within 30 days that a tenant leaves the apartment. I have not yet recieved mine. And it's been a month and a half.
I called the landlord today inquiring about the return of the security deposit.. minus the 1/2 months fee for terminating the tenancy at will agreement in less than 90 days. She continued to tell me that since I had a 90 day contract with them, that I am responsible for the apartment until 1/31/04, including rent payments. She said she took my last month's rent to pay for the month of November, but that I'm still responsible to pay for December and January's rent. Unless someone moves into the apartment on January - in which case she will only hold me responsible for December month's rent.
Can this be done?
I see it as I've terminated my tenancy at will agreement.. I've paid rent for the time that I've occupied the building.. I'm paying the 1/2 month's rent as a fee for giving only 35 days notice and not 90 days notice.. but am I right to say that I am not liable to pay for December's month rent and that she should be sending me the remaining amount of my security deposit ASAP?
Also,,,, I know several people that lived in this same building and 1 person gave 40 days notice.. another person gave 7 days notice.. and they all received 100% of thier security deposit back. So, I know that the landlady doesnt "play by the same rules for everyone".
Would I have a case if I took her to small claims court to get my $575 (approx. the remaning amout of security deposit money after 1/2 month rent early termination fee is taken)?
Thank you for any and all assistance with this!
Janis Burbine
Abington, Massachusetts