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I signed a one year lease on an apartment, but
Sent to Legal Experts July 28 02:17 PM

I signed a one year lease on an apartment, but lived there 2 years. The landlord is refusing to return my deposit because he says we moved out without giving a 30 day notice, according to the lease. Are we still held liable to the lease even though we completed the lease and were living there month-to-month?

 

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Lebanon, Ohio

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Customer (name blocked for privacy)
Status:  Closed   Value: $8
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July 28 2:32 PM (15 minutes and 16 seconds later)
         
Relist: I still need help.
Customer (name blocked for privacy)
Info Request
July 28 2:36 PM (3 minutes and 19 seconds later)
         
REPLIED to Info RequestCheck Mark
Does your agreement require 30 days notice? Does it require confirmation about your intend to renew the lease for next month?

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July 28 2:39 PM (3 minutes and 4 seconds later)
         
Reply to Lev's Post: Yes, the lease states a 30 day notice is required. However, the lease was for one year, and that terminated July 1, 2005. We moved out June 12th, 2006.
Customer (name blocked for privacy)
Answer
July 28 4:39 PM (2 hours and 3 seconds later)
         
ACCEPTEDCheck Mark

I assume that your contract states that without any notice the lease agreement would be automaticaly prolonged for 30 days. This mean that in case the lease terminated on July 1, 2005 and there is no notice in place on June 1, 2005 - the lease is assumed by both parties as in effect till August 1, 2005. And so on.

Thus, moving out without any notice would be a violation of the contract. It doesn't mean however that you forfait your security deposit. You need to look what the contract is saying this matter - in which situation the security deposit could be taken.



The answer is an advisory opinion (not legal or financial advice). After accepting the answer bookmark it - you may return to this page later for reference or to ask for clarification. Appreciate your positive feedback.
PictureLEV -- Retired -- 99% Positive Feedback on 1331 Legal Accepts
Taxes, Immigration, Labor law
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