i rented to a roommate ..we signed a written month to month lease he paid first and last months rent....days after he moved in i realized it was noway he would work out...i gave him a written 23 day notice with the reasons..(i looked up the sate attorney and it said i had too gave a 20 day notice in this roommate situation)...he then gave me a one day notice that he was moving right away and would like all his money back but i told him verbally and written that he had to give me a 30 day notice before moving........i told him i would give back his last months rent with deductions on his move out date...i told him he didnt give me a proper notice of his moving....and when he kept harassing me too return the money he hadnt move his posseions.....as it stands the room is locked and he still has food in the fridge and i have know idea if he has moved or not...i have texed to ask so i can update the manager but no response.....if he has moved he hasnt given back the garage door opener or the keys......do i have to give him all his money back.....and if he dosent respond about his moving out what should i do.......presume he is still here until the move out date...and after that date can i change the locks....

ScottGem

Until he vacates or you evict him, he owes rent. You can then take that rent out of whatever he has paid you.

You need to get proof that you have notified him. If he is pst the 23 day notice you gave then go to court for a formal eviction. Once you get the formal eviction order you can have a sheriff open the door and remove his stuff.

ScottGem

First, if you have a followup question, don't use the Comments feature. Use the Quick Reply.

He can demand anything he wants. But you are entitled to rent for the time you couldn't rent to anyone else. So until you get the keys, a notice that he has moved out and abandoned any belongings or get an eviction order and have it enforced, then he's still living there and you are entitled to withhold money from his deposit to compensate you.