Legalities: Signging a apartment lease while in US on J1 student visa?
My (now) Wife, rented an apartment while we were still dating and she was on her J1 student visa. The contract was for 6 months and her visa (J1) was only valid for 4 months. After we were married we finished out the contract that was under her name and moved out. Being unaware of common rental practicies, we did not realize that we had to notify them 30 days in advance that we were not renewing out contract. Personally, when the contract is up, the contract is up. I was wondering if there are legalities that I could use for possible leverage to receive our security deposit back that they are withholding due to the fact that we did not notify them 30 days prior to us leaving. Thanks in advance. JW
No, the lease most likely converted to month to month after the 6 months were up. You should have given them 30 days notice that you were leaving. Your only chance of recovering money is if you can prove they had another paying tenant in the apartment in less time than the security deposit would have paid for…. example…. If the deposit was a month’s rent and they had a new renter in there 15 days after you left then they would owe you 1/2 the deposit back. Of course, they might claim damages, and since you did not do a move out inspection, you won’t be able to dispute it.
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