Legal Question in Landlord & Tenant Law in Massachusetts
I recently moved from an apartment. I did not give one month's written notice but did notify by telephone one month in advance. I did not get back security deposit. Am I entitled to it without the one month's written notice?
2 Answers from Attorneys
The problem is proof of notice and the terms of the lease. I would assume the lease says 30 days writen notice and you did not give it. Your landlord will say he told you to confirm it in writing or may deny being told. you were leaving at all. It will then be a he said she said and who the court believes did what.
If you paid both a last months rent and a security deposit, that is different.
Good luck.
Thank you for your question.
I agree with attorney Roth that the landlord may be entitled to apply the security deposit toward your last-month's rent if proper notice was not given. If you have no lease agreement, and you believe that you have paid all rent owed and gave property notice, then you will want to send a demand letter to your former landlord.