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Additional Details
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jaffacake | Not getting any of my deposit back as I've not given enough notice.? |
Told her on 28th September I was going on the 16th October - so only gave her 2.5 weeks should of given her one month, I know I'm gulity of that. Now she has told me that I won't get any of my deposit back. I would like her to give me some back. Am I asking too much?? |
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starlet108
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You're maybe not asking too much but I dont think you will have any success here with getting anything back. At the end of the day you signed a contract or agreement where you agreed to give a months notice ad you havent done this. The landlady will argue - rightly or wrongly - that 2 1/2 weeks is not long enough to allow her to advertise and find a replacement tenant to cover the rent - hence you lose your deposit. Sad but a fact of life I'm afraid. |
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tattooedgray
 |
What does it say in your contract? |
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Kaska
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If you are suppose to give 30 days don't expect your deposit back. Read your contract. |
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Nick B
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Under the Landlord and Tenant Act the deposit can only be retained to off set costs for damage caused above normal wear and tear. The Act prohibits the use of a deposit to off set unpaid rent. In your case the landlord must refund you deposit, less any damage beyond wear and tear, in full.
The landlord would then have to pursue you through the small claims court to recover any unpaid rent. |
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alatoruk
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if the deposit is a damage deposit then she will have to pay you it back and insist you pay the 1 month notice (you can physically leave whenever you like but are contracted to pay full month).
She could take notice from deposit and pay you the difference and you would struggle to get anything else back.
your alternative is to sue. |
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ZCT
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As long as you paid your rent up until the end of the notice period you are entitled to your deposit back. She can only withhold your money if you caused damage to the property. You can physically move out whenever you want, as long as you are paying the rent. Make sure you are completely up to date with the rent until the end of your notice period and make sure you leave the place spotless.
If she still refuses to refund your money take her to small claims court. It will cost less than $100. Tell the judge what happened, and explain that you were paid up right through the notice period, and you should be awarded your deposit and the cost of filing suit.
Now if you are not paid up through the entire 30 day notice period, you are in breach of contract and there is little you can do to get your money back unless you are moving out because the landlord has not fulfilled her obligations as a landlord, or she broke the contract first. In which case you can again try to sue. |
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victoria l
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If its specified in the contract that a months notice is required then youwont get your deposit back. However, if your deposit is worth more than 1 months rental, you may try negoiate for the remainder of the sum. |
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babbles
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If you say you should have given her one month notice...then it looks like she can keep your money. Read your contract. You signed it? The ball is in her court. Live and learn. |
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Lewiy
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As you gave notice on the 28th September, your notice will expire on the 27th October, therefore the only money you need to pay is the rent up until the 27th October. If you pay this rent then you are entitled to your deposit (less anything which needs to be repaired, etc as usual). If you have not paid the rent up to this date, she is entitled to keep this amount of money and no more. Unless this comes to more than your deposit amount then she is not entitled to keep it all. |
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ammy543
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As you rent this property and she is the landlord/landlady surely you have a tenency agreement? If you have then it will be clearly stated that sufficient notice needs to be given to the landlord to end the rentem period just as you would need sufficient notice if the landlord required the property back.
If you do not have a tenency agreement and there is nothing in writting regarding period of notice/deposit refunds then neither you or your landlady have the 'upper hand' you will need to discuss and try to reason with her and perhaps she will agree to give back a certain percentage.
It might also be an idea to contact citizens advice as a tenant you do have rights too.
Hope that helps! |
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Lick_My_Toad
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You should have given her 4 weeks notice, so she is entitled to withhold the outstanding 1.5 weeks rent from your deposit. You should get the remainder back. If you don't then you should contact Citizens Advice Bureau, and they will help you recover it. |
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jason_d_knipmeyer
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Too bad, you've handed your deposit over to your landlord and they didnt even have to put up a fight to keep it.
Learn your lesson.
Of course on the flip-side of the coin is that its entirely possible that there going to have to spend that deposit on repairs before they let the place back out. I mean accidents happen all the time dont they? :p |
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kimmamarie
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As a landlord, I am assuming your rent for October is due by the first. The month of October is required to be paid in full. If you leave before the 30 days is up, she has no obligation to refund any part of the rent for the days you are not there. Depending on what state you are in (I am in MI) she has X amount of days (in MI law its 30) to determine damages and then return the unused portion to you. ONLY IF YOU HAVE SUPPLIED HER WITH A FORWARDING ADDRESS WHERE YOU WILL BE LIVING. If you have not supplied that address, she has no obligation to hunt you down to return your deposit. Out of that deposit, she can deduct past due rent, past due utilities, damages, attorney fees or filing fees. If you owe her after that accounting, she may follow up by suing you in court.
Simply put, you owe full October rent and if there are no damages and you have given her your new address, you are intitled to your deposit back. |
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