landlord witholding security deposit

We are renting an apartment, we signed no lease, we have been paying month to month. We gave a security deposit. We gave the landlord a little more than 2 weeks notice that we are moving. The landlord says we have to stay 2 weeks into next month and they are keeping the security deposit because we did not give 30 days notice. We have told them on multiple occasions we are not staying into next month and we want our security deposit back. What are our rights, can they do this with no lease agreement?? If you can call me It would be doubly helpful but it would be nice to know in writing as well so I could show my landlord.

posted by Jon Wood

woodjay33@hotmail.com

To add to my message, we gave them 2 and a half weeks notice. We are renting in Vermont. The landlord insists it has to be 30 days notice. we have no such agreement on paper. I am under the impression that more than 2 weeks notice is generous considering we pay month by month.

[OHlandlord]

Sorry, but 2 1/2 weeks is NOT nearly enough notice. BY VT law, you must give one whole rental period as notice to vacate on a WRITTEN month to month agreement if you have lived there 2 yrs or less, or 60 days notice if you have lived there longer than 2 yrs. VT Code Ann. tit. 9, 4467, 4456(d)

If you have lived there continuously for less than 2 yrs and have NO written agreement, you must give 60 days notice, if longer than 2 yrs you must give 90 days notice.

You not only may not have a right to your deposit back, but if you have lived there longer than 2 yrs and have no agreement, you will owe them another month and a half of rent on top of it (not counting any damage to the unit). So how long have you lived in this unit and do you have a written agreement?

We dont have a written contract of any sort, we've just been paying on the first day of each month. I guess I should probably accept the offer to stay till march 11 by the sounds of it...

thanks for writing back, I appreciate your time spent

Jon

we've lived there for almost 2 years.**

[OHlandlord]

Yep. If you've been there almost 2 years and have no written agrement, you had better accept their offer to pay/stay until March 11th. If you don't, you will have to actually give 60 days notice to vacate (and pay rent for all of that period). Write to them and acknowledge that you will pay and stay (or at least pay) until March 11 as per their request. Keep a copy of this for yourself, in case they look up the law themselves later and want you to give the actual legal required notice period. (Wouldn't hurt to get their signature on it confirming the agreement.) What they are offering is a good deal.