Are there any laws regarding notice to vacate a property if there is no written contract or lease?
I rented a room in a house, and had no written contract or lease. Everything was just month to month. I paid a 200 dollar security deposit, and when I notified the landlord around Dec. 12th that December would be my last month, she refused to give my deposit back because I did not give 30 days notice. The lady did not live in the house, and she instructed me to take up all house issues with “Brian,” her friend and the person who had lived in the house the longest, so that is who I told I was leaving at the end of December. She then says that I should have told her instead. Do I have any kind of a case in trying to get my deposit back. The room was left cleaner than what I found it, and I did not create any disturbances during my 4 month tenure. Any help would be appreciated.
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Tags: Landlord, Security Deposit, Tenure
lease property | , 21 Jun 10
By Faeldaz M, June 23, 2010 @ 9:50 am
Different places have different laws: it’ll depend where you live. But without a written lease it’ll be your word against hers. She’ll say that she told you you’d lose the deposit if you didn’t give 30 days notice. You’ll say she didn’t.
By memyselfandI, June 25, 2010 @ 12:07 am
Where I am from in Canada, without giving a months notice, you can be liable for the following months rent. This is normally more than the deposit. I don’t think you can get that deposit back personally.
By Glaeal, June 26, 2010 @ 3:15 pm
Unfortunately, signing a lease protects you as well as the owner of the property. If there is no written record detailing the amount you paid, you have nothing to back up your story, and probably don’t stand any chance in court.
By Samm, June 28, 2010 @ 10:11 am
Based on the court shows they seem to all say that even on a month to month rental, the tenant has to give a thirty day written notice before moving. SEND IT REGISTERED MAIL AND KEEP A COPY AND THE RECEIPT OF THE MAILING.
You may not get your security deposit back based on no written notice.
By Fred S, June 29, 2010 @ 6:39 am
you don’t mention how long the verbal lease was was it month to month or 6 months or a year was there any damage or rent owed is the house is it still occupied or the room rented out since you moved out as a rule of thumb you should have given 30 days you could take it to small clams court but if you loose than you have to pay the costs of filing in Medina , Ohio it’s $ 85 it might be different in your aria if you win you git your $200 plus court costs wish you luck (always go with a written lease
we do not rent any of our property’s with out one
By flyingrizzly, June 30, 2010 @ 4:06 am
If there is no lease, then there is no paperwork stating that you must give 30 days notice. In your case 30 days would be a nice courtesy, but not necessary.
By Bestbank Real Estate, July 2, 2010 @ 10:22 am
Every state has different laws. In Louisiana you would be considered a month to month tenant. You should have given a 30-day notice to vacate. You are/was still protected by all the same laws as someone who had a lease. In Louisiana the Lessor would have 30 days to give you a breakdown of the deposit fund they are keeping or they will be in violation of the law. You could then take them to small claims court stating they never gave you a breakdown of the deposit funds they kept. You can win up to double your deposit held by the lessor. If the Lessor sends you something saying that the only reason they kept the deposit was for the month of rent they would loose finding another tenant for lack of a 30 day notice, and they rent it to someone else for all or part of the next month, you would be due your portion of that month’s rent back. They are not allowed to collect double rent for the same space. Since your deposit was only $200, it would probably not be worth going to court over. It is always a good idea to keep good communication with the Lessor. Most will work with you if you give them enough notice.