hat to do if I gave my landlord the deposit for an apartment and even though there is no damage and now he is refusing to give it back?

I’m on am onth-to-month rental so no lease. The landlord and owner verbally told me the apartment had no damage and that I would be getting my deposit back within 21 days. They did not ask for a 30 day written notice and now they are saying that’s why I don’t get my deposit.

Asked on June 2, 2012 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are in a difficult position: the landlord did not have to specifically tell you that you had to provide 30 days notice, since that is inherent to being a month-to-month tenant on an oral lease (no written lease). The very nature of your tenancy required you to provide 30 days notice; in the absence of 30 days notice, the landlord would be entitled to one month's rent, which the landlord could take out of the security deposit.

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