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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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