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I paid my rent on the 9th and then gave my 30 days notice on the 19th. Now my landlord is trying to withhold half of my security deposit and is saying that it is for the last two weeks of my thirty days notice. Is this legal?
Asked on June 24, 2009 under Real Estate Law, Oklahoma
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There are a few more facts that are needed for a good answer here. And there may be some differences in your state's law; for advice you can rely on, you need an attorney in your area. One place to find a lawyer is our website, http://attorneypages.com
In most states, if you are a month-to-month tenant, your notice is effective on the first "rent day (most commonly the first of the month)" that is at least a month later. If your "rent day" is the 9th, or the 1st, the landlord is entitled to rent for another month, not just to the 19th of next month. If your security deposit is a month's rent, he's actually cutting you a small break here.
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