Posted by TenantNet on November 08, 1998 at 11:46:06:
In Reply to: gave 30 days notice, and paid in full, landlord voided verbal posted by abreo on October 24, 1998 at 20:52:20:
: We gave out landlord about 40 days notice on vacating our property. We were breaking our lease one month early. We assited him in getting new renters to move in immediately after we left. We original wrote him a letter stating we would vacate on August 31. Our lease was through the 29th day of each month. He called and asked if we would be out by the 28th of August as the new renters wanted to begin moving in on that weekend. he confirmed this with us on 5 separate occassions. We paid our rent in full and left on the 28th. 20 days after we left he sends us our security deposit less $120 dollars for rent on the 28 -31. He said that since we had it in writing that we were vacating on the 31st that it does not matter when the other people moved in nor what we verbally agreed on. and he would charge me for those days. Can he do that?
Possibly. When you gave written notice you were returning possession to
him on the 31st, then you were also saying you were retaining legal
possession until then. Even if you moved out, you had a right to re-enter
until the 31st. It also depends if you gave him the keys (and if he
accepted them) before that. And if the new people moved in (with the
landlords' permission prior to that) then I think his argument of
possession until the 31st is nonsense. If he now wants to assert your
tenancy lasted until the 31st, he can't let others move in. In this
case, if the latter happened, you should have a claim against him. That
is one (among many) reasons why many tenants consider using the deposit
as the last month's rent... because of these games by landlords.
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