Landlord Question and Answer Forum
In my previous post I noted we were withholding security deposit because the tenant did not give a 30 day notice. she moved on the 28th of November. In response to our witholding letter to her she sent a response stating in her lease the month to month line wasn't checked and it didn't have an end date.
This is how its worded and checked.
The premises are leased on the following lease term: (please check one item only) ____month to month (OR) __X___ until ______ no date
Is she still entitled to her deposit?
Contina E, MD on Wednesday, January 6, 2010
RE: Error on lease Agreement
Check with your State Laws. I would assume that she would be responsible for at least to provide a 30 Day Notice unless the Lease Heading read Annual Lease. The difference between the Month/Annual lease is the amount of time both parties are bound by the contract. For the LL, you can't raise the rent or change any of the terms. For the Tenant, Tenant is responsible for rent for the term of the Lease. If they break the Lease, LL has the right to collect rent , advertising, etc. until new tenant takes possession.
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