Security Deposit/ Collections

Recently, I moved from an apartment. My lease stated that if I was not out by the end of the month I am responsible for the next month’s rent. I turned in a 30 day notice on 06/03 according to the company and I vacated on 06/30. They are saying that I owe July’s rent because my 30 day notice went into July, although I vacated before the 1st of the month. Am I liable for July or just 3 days of July? Also, I never received a security deposit return letter or an itemized list of charges. My forwarding address was provided on notice. The first paperwork that I received was from a collection company 2 weeks ago. I visited the apartment complex and there corporate office obtain copies of all my paperwork and they didn’t have anything and I was told the collection company had it all and I need to contact them. They have not supplied me with any documents.

Asked on December 11, 2017 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Rent is due in advance by the 1st of a month for the whole month. Tenancy is by month, not by day. That means that 30 days notice is not really 30 days--it is a full month's notice, which is different. To vacate by 06/30, you would have had to provide notice by 5/31 at the latest. By not providing notice until 06/03, you failed to provide sufficient notice to vacate by 06/03 (since you provided less than a full month's notice) and therefore owed for July, too.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.