Lease or month to month agreement

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tomingeorge

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The agreement we have for the property rented by us is having the following attributes.

The heading says
RENTAL AGREEMENT (----------) --> this part is filled in by hand as 10 Months.(this part we didn't notice when signing the lease & could be added before giving us the copy)
Apart from this there is no mention of 10 months anywhere in the agreement.

The body of the agreement says :- the property is rented on a month to month basis.
Also there is a term in the lease which says that it can be terminated by resident by providing 30 days notice.

We moved out of this property with in 2 months since the property was not maintained by the landlord.
He illegally withheld portion of our security deposit & providing a fake invoice.
While requsted to return the deposit amount back, landlord is threatening to sue me for breaking the agreement.

In this context what are the legal options before me ?
 
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1) The term might be for 10 months, 2 years, 30 years - doesn't matter. The lease is really a "month to month with 30 days prior notice required." Did you provide notice as set forth in the lease to leave? That is the key question to be answered.

2) With regard to the reason you left, if you didn't provide notice and you claim you were evicted (constructively due to the conditions), you had better have proof. I wouldn't blame a landlord if my tenant just walked out with a weak excuse.
 
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