Improper notice for security deposit?
Hi. Thanks for reading my question. I had a verbal contract with a landlord in the state of Oklahoma to extent my lease; unfortunately, I was ten days late in moving out; nonetheless, the landlord did not notify me via snail mail of the fact that he was going to without my security deposit in light of the fact that I was ten days late moving out. Although every state law is different, is a landlord required to notify someone via mail in order to be able to legally withhold the security deposit. I did send him a message via online as to inquire as to where my security deposit was, and in response, he notified me of why I would not receive the deposit back. Would this be an acceptable notification under the law?
Thank you again :)
- Anonymous2 months agoFavorite Answer
< is a landlord required to notify someone via mail in order to be able to legally withhold the security deposit. >
if you don't move out on the last day of the lease, the landlord is entitled to charge you additional rent for those days. 10 days is nearly a 1/3 of a month. He could easily lose a possible tenant by you still being there.
Tenant should provide the landlord with a forwarding address or new address where deposit is to be mailed. The landlord must return it, with a written explanation of any deduction for damages or rent owing, within 45 days after your written request. If you do not request a refund in writing, the landlord may keep your money once the six months is up.
What if I fail to move when my lease is up?
A: If you do not have consent, your landlord may immediately sue for eviction and damages. The landlord also may collect twice the amount of rent if your holdover is not in good faith. If the landlord consents to your staying, a month-to-month tenancy is automatically created unless the parties reach a different agreement. Many leases contain a provision that at the end of the term, the lease will renew on a month-to-month basis if neither party gives notice of termination.
< If the landlord consents to your staying, a month-to-month tenancy is automatically created unless the parties reach a different agreement >
Bottom line, the landlord does need to provide a written letter of any deductions from your security deposit with 45 days but you are going to have a tough argument in court if you also remained in the apartment for 10 extra days. A judge 'could' rule that the landlord is entitled to at least a month's rent.
- sunshine_melLv 71 month ago
Generally the landlord wouldn't need to tell you that you were violating the terms of the lease; at that point, they'd bill you for the days or additional month.
They need to give you a breakdown of the costs on retaining your deposit; they don't need to tell you while you're creating that reason.
- MaxiLv 72 months ago
You continued living there after the date you should have left... so you owe the next months rent regardless if you stayed 10 additional days, 1 or 25...if you wanted your deposit back you should have left on the agreed date
- babyboomer1001Lv 72 months ago
"Under the law" - you are asking for legal advice. You aren't going to get that here. Only a licensed lawyer can give you legal advice. For what my 2 cents is worth, no landlord is required to give you any such notice via snail mail, nationwide, as to not getting back your security deposit. You should have figured that you wouldn't get it back. You moved out 10 days later than when you were supposed to, so you owe for another money. He couldn't re-rent it until the end of that month. If you have given him your forwarding address, then he can send you an accounting of what monies were spent how and send you any balance that might be due to you. Your security deposit might have been much more than what he needed to apply to a month's rent and general cleaning.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
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- SimplytheFACTSLv 72 months ago
you owe, are you really going to act like an a$$ and demand the refund? you violated the lease, take responsibility and don't play law games.
Did you even pay for the extra 10 days/month? in most states if you are there 1 day of the month, you have to pay the whole month.
since you are claiming verbal contract, Ll can say you agreed to waive the security so you could stay an extra 10 days.
did you have any termination date in writing?
many courts are accepting text as written notification.
- PearlLv 72 months ago
i would ask a lawyer about it
- Anonymous2 months ago
You might want to retake 8th-12th grade english.
- JudyLv 72 months ago
Had you paid your rent for the 10 additional days?
- curtisports2Lv 72 months ago
By overstaying into the next month, you legally owe for the entire month, not just for the ten days. If the landlord has a tenant ready to move in on the first and they can't, they have lost that tenant and the entire month's income.
Having said this, every state has different laws on keeping security deposit. In some it is legal for security to be kept to cover rent that is owed. In some it is not; deposit can only be kept for actual damages that the landlord can document in an itemized statement that must be sent to you within a stated number of days after you vacate.
So, without knowing the laws of your state, no one can say one way or another if what the landlord did was improper.