You need to begin to put everything in writing and request a breakdown on the expenses. Save all your receipts reference postage and certify for signature. If you get no resolution, tally up your expenses with your proof and take them to small claims court. You have rights. You may want to look into how deposits are managed for your state concerning rentals. In some states, the landlords was supposed to accrue interest against that money which means they owe you the interest against any money held in the bank account for the duration of your lease. They are not supposed to spend although many landlords do. Good luck!
Sadly, acermil is an idiot...30 days means at 30 days a rental period means before the first of the month....interesting...asked if you left....withheld late fees....that too is interesting.....it seems he is using your deposit for September rent....need to investigate to see if someone is living there......no one can even enter without your permission if that is the case..he certainly cannot rent it if he collected from you...technically, you have not given proper written notice for not paying for october, because he has accepted rent for September, which cancels September notice...my guess is with the sept 8th text, he rented the place the fifteenth of the month...for sure you win half a months rent...he has to advertise for rent anyway so be prepared for that argument...then there is that other problem of how many other times has he done this....it's worth a shot in small claims court
The law in most states requires that you give the landlord 30 days notice if you are not renewing (60 days in PA). Usually this notice is a written letter sent by mail or email, perhaps by text message these days. Question is, would a judge consider your comment written on the check to serve as notice? I think a judge would. If I were you, I'd tell the guy you're taking him to small claims court if he doesn't pay you what he owes you.
Acermill is absolutely correct. Unless you are in CA, 30 days notices must be written and delivered *prior* to the beginning of the next rental period. Verbal notices, text messages, and emails don't count as legal notice. So, again unless you are in CA, you owe September's rent. In CA, 30 days notice literally means 30 days & you only owe rent for those 30 days.
No. You are another victim of the term "30 day notice", which does NOT mean an actual 30 days, but refers to one full rental month period. Sadly, in order to be timely, your notice would have to be tendered no later than July 31. You missed that by ONE day. Sorry.
On July 28th, I told my landlord that August would be my last month at my apartment.
On August 1st, when I paid my rent, I included a signed and dated note saying that August was my last month and wrote "Final Month Rent" in the memo spot of my check.
On September 8th, my landlord texted me and asked me if I had moved out.
Yesterday i received a check for my security deposit and had been deducted for an entire momtj of rent and late fees.
When i called the property office to dispute this they basically told me there that I could not prove that I had given notice.
I mentioned the check and that I could get a copy from my bank of the deposited check and he said that didnt count even though he admits it clearly states August will be my final month
Is there anything I can do to get the remainder of my deposit back?
