Can my landlord keep my security deposit because I only gave her 2 1/2 weeks notice thatI was moving out?

UPDATED: Dec 19, 2011

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Can my landlord keep my security deposit because I only gave her 2 1/2 weeks notice thatI was moving out?

I did not sign a lease and we did not have any verbal agreements; I simply paid her rent for the next month on the first of that month. Can she keep my security deposit because I didn’t give her a full months notice?

Asked on December 19, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have no written agreement with your landlord as to your occupation of the rental that you had and you gave her less than 30 days notice of move out, she is not allowed to keep your security deposit as partial rental payment for the short notice that you gave her.

Rather, she is required to return to you your security deposit within the statutory time period under your state law and if she has an issue about unpaid rent, her recourse is to resolve that issue with you on her own or go to small claims court.

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