Landlord kept entire deposit and demanded additional $370 in letter sent 40+ days after termination and receipt of new address

Get Legal Help Today

 Secured with SHA-256 Encryption

Landlord kept entire deposit and demanded additional $370 in letter sent 40+ days after termination and receipt of new address

Lease expired 7/31/05. Lease included a holdover clause: “Should Lessee remain in possession of the demised premises with the consent of Lessor after … expiration of this lease, a new month-by-month tenancy shall be created … which [can be] terminated on 60 days written notice served by either Lessor or Lessee.” After the landlord told me they were going to sell the house, I made an offer, which was countered by an unreasonable offer. I gave notice, including a forwarding address, on 2/27/09 that I had bought a different house and would terminate tenancy on 3/31/09. On 5/18/09, I received

Asked on June 24, 2009 under Real Estate Law, Iowa

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You're going to have to take the lease to an attorney in your area, and discuss the rest of the facts of the case, for advice you can rely on.  I'm not an Iowa lawyer, and this clause is oddly worded.  One place you can find a qualified attorney, who can tell you how the courts in your state would interpret this, is our website, http://attorneypages.com

In most states, the landlord would be out of luck, and also liable for keeping unearned security deposit if the facts justified it.  A "month-by-month" tenancy ordinarily means that only one month's notice is required.  The 60-day requirement is contradictory to that, in some sense, and if it can fairly be said that the lease is not clear and definite, the tenant gets the benefit of the doubt most of the time.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption