If you have not signed a lease, then you would most likely be considered to be on a month to month. To terminate this lease without incurring additional liability for unpaid rent, you would need to give your landlord 30 days notice of your intent to leave immediately. That would allow you to use the last month's rent you paid, as part of of your security deposit, for the last 30 days you are there. If you stay beyond the 30 days, your landlord would apply the balance of your security to rent. However, you would still be liable for any damages to the property, and he could still sue you for that.
Keep in mind that if you do stay long enough to start using up the balance of your security deposit, your landlord could start an action against you for non-payment of rent for that period of time. He may not, if he believes that you are going to move out when you say you are, but if he is prudent, he will start an action against you as soon as your rent for that period of time is late. He is not obligated to allow you to use that portion of your security deposit for rent.
I hope this answers your question, but if not, please feel free to post another, or to contact my office directly.
Best of luck to you,
John J. Keenan
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If you have not signed a lease indicating that you cannot apply the deposit towards the last month's rent, you should be able to do so. Similarly, if you never discussed late fees, the landlord cannot arbitrarily apply them.
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This appears to be a follow-up to your last question. Because your contract is not in writing, it is not entirely clear what you have. I would try to comply with the statutes as much as you can. Give proper notice of vacating the property and provide notice of your forwarding address. The landlord will need to give you notice of damages, if any, within 30 days of your vacating the property.
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