Do I have the right to collect my security deposit plus interest if I didn’t give a 30 day notice?

UPDATED: Oct 12, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have the right to collect my security deposit plus interest if I didn’t give a 30 day notice?

My landlord and I were informed by Section 8 that I have to move out within 90 days. My lease did not say that I have to give a 30 day notice. I told my landlord verbally that I was moving out by the date that she was given, do I forfeit my security deposit. I have been there for 11 years.

Asked on October 12, 2011 under Real Estate Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a written lease with your landlord for your rental, you need to carefully read it in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law.

If your lease does not require thirty (30) days written notice to terminate your lease with your landlord, statutes under the laws of your state may require this length of notice. To be on the safe side, I would give the thirty (30) day written notice to your landlord that you are ending your lease.

As to your security deposit, you do not forfeit it in that under state law, a security deposit is to cover for damages when the tenant moves out. It is not for back rent. You should be entitled to the return of your security deposit if there are no damages to the unit you were renting.

Good luck.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption