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I am leaving my apartment building of almost 2 years and I am in a confusing situation in terms of giving notice and possibly getting my security deposit back.

About a year ago, my building was bought by a different rental company, who assumed the lease I signed with the first company. I have a 6 month lease, and after that it stipulates that I give 60 days notice to vacate. After the first 6 months were up, the lease just started going month-to-month (or 60 days to 60 days, as the case may be).

The new company issues 1-year leases, has a "move-in" fee (which I'm guessing is not a security deposit and therefore not refundable), and requires a 30-day notice to vacate.

My move-out date is set for 35 days after I gave notice. The rental agent I spoke to did not have a problem with this "shortened" notice to vacate. I live in an area in Virginia and a building which is very desirable, and thus very easy to find renters for.



Since I have given a security deposit under the original lease, I believe I am entitled to get it back (assume I am leaving the apartment in good condition, and the landlord agrees for arguments sake - I'm not worried about that sort of dispute at the moment). But under the original (and still effective) lease, I have not given proper notice to vacate.

So.... should I be worried about some kind of penalty for not giving proper notice? If they "forget" to give me back the security deposit, should I ask for it and remind them of the lease (which also says I need to give a 60-day notice)? If they have immediately found someone to move in right after I move out (and after whatever painting, etc. they may have to do), would this have any affect on my situation? Should I just forget about the security deposit and hope they don't bother me about the short notice?

I would appreciate any thoughts.
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So.... should I be worried about some kind of penalty for not giving proper notice? If they "forget" to give me back the security deposit, should I ask for it and remind them of the lease (which also says I need to give a 60-day notice)? If they have immediately found someone to move in right after I move out (and after whatever painting, etc. they may have to do), would this have any affect on my situation? Should I just forget about the security deposit and hope they don't bother me about the short notice?

I'd first ask the landlord whether there will be any problem with deposit return -- and if the landlord isn't willing to put "no problem" in writing, THEN I'd ask the other questions.

Good luck,

Bruce
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(From a former Virginia landlord's point of view)
In a landlord/tenant dispute over money owed, the judge will typically subtract the security deposit from the amount owed (regardless of what the lease says).
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