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Had a year lease in Connecticut that ended, and turned into month-to-month. Thought I needed to give 30day notice, he said 1mnth
Anonymous2 views2 answers
I gave landlord notice that we would be gone by the 18th of April, and paid rent for 4/1 - 4/18. Our last day in the unit was 4/16, keys were turned in to new real estate agent. Took 45 days from 4/18 to get deposit back, and landlord took out money for the remainder of April rent, as well at $250 "cleaning fee." I was under the impression that I needed 30 days only, not 1 month. Also, Apt was left CLEANER than we left, there were some ceiling issues caused by condo building roof's leak, but nothing we caused.
First question: is it 30 days notice to landlord in CT?
Second: Can I pursue getting the remainder of my deposit back?
Usually it is 30 days or as agreed to in the lease. However that is not your problem. Unless the landlord agreed in writing, you owed rent until April 30th. So depending on the language in the lease, the landlord was entitled to be paid for the entire month. As to your deposit, you should have had a pre-departure inspection with the landlord signing off as to any cleaning issues. Lastly, even with the penalties under the statute, would it be worth while for you to bring a small claims action for the delay in recovering the security deposit?
In a month to month tenancy, you are obligated to pay rent for the entire month beginning on the first day of each month, unless your written lease states otherwise. Many times a written lease will continue as a month to month lease after the initial year, so the terms of the lease continue to apply.
Generally, 30 days notice means thirty days from the end of the lease term which is the last day of the month in a typical month to month tenancy. Therefore, "30 days notice" means AT LEAST 30 days and doesn't start getting counted until the end of the current month (i.e., notice in March is usually not effective until the end of April).
As for your second question, it depends upon whether you sent written notice of your forwarding address to your landlord. If you did and he sent you an itemization of how he used your security deposit, then you have to decide whether it is worth it to proceed. You do not state how much the entire security deposit was, so the benefit of pursuing the balance of the security deposit is not clear.
However, if you sent written notice of your forwarding address and you DID NOT receive an itemization of how your security deposit was used, then you may be entitled to double damages.
You should immediately consult with an attorney who is experienced in landlord and tenant law for more detailed information regarding how to proceed under the specific facts of your case. This information is for educational and guidance purposes only and relies entirely on the facts that you have provided. Any additional or different facts could very easily result in a different answer.
