I lived in an APT. for a little over two years, after one year the lease became month to month. I recently looked for a house to buy and found one, settlement was for the end of July this year. I gave my landlord my july's rent and 60-days notice (I thought I might need to be in there for a week in aug) I moved out July 29th. When I moved in I had to pay first and last months rent and a $500 deposit. He only sent me the $500, I should still be getting the last months rent since I already paid that for July, I gave him the keys and everything was spotless when I left. I called and thanked him for the partial deposit back, and asked what about the last months rent that was included in the security deposit. Am I entitled to this, I don't live in or have access to the Apt. any longer and gave him plenty of notice.

From your description, I believe you got your full deposit refunded. $500. You gave notice (60 days) that you would be out the end of August. So your last month's rent is for August, not July. The fact that you completely moved out and surrendered the place a full month before you had to was your choice. Unless you made a different agreement with your landlord (preferably in writing), the 60 day notice until the end of August was the deal.

The only exception to this would be if/when the apartment actually becomes occupied. In most states rent cannot be doubly collected for one unit, so you would be entitled to rent for whatever days a new tenant actually pays rent on that unit.

HTH,
Karla in TX

But when I talked to him, I told him I was actually leaving at the end of July and he said OK, and when I explained to him about the 60 days, and that it most likely would be sooner, he said well if you need a couple days in August, just let me know and we will prorate the rent.

Do you have that in writing? What probably happened is the landlord realized he couldn't rent the place until Sept 1 anyway, so he decided to keep the August rental as was his right.

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Originally Posted by ScottGem

Do you have that in writing? What probably happened is the landlord realized he couldn't rent the place until Sept 1 anyway, so he decided to keep the August rental as was his right.

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Actually its ready to rent now and was ready before aug 1st. I just think it's a pretty sleazy thing to do, if I would have said I'm out July 31st, he would have to give it back so what is the difference, I actually helped him out. Lots of sleazey landlords out there, and for him to keep the August rent or anyone that thinks that's OK, then you have a lot to learn about consideration.

Ready to rent is one thing. But he needs time to find a tenant. Since you left it up in the air until close to the move out date, this hindered him in finding a tenant. I really don't see this guy as a sleaze. He refunded your deposit in a timely fashion and didn't even try to take anything out, which most sleaze landlords do.

I would write him a letter, saying you understand that he was withholding the last months rent for August. But if he is able to get a tenant to move in prior to Sept 1 that you expect him to refund a prorated portion of that las month's rent as per your verbal agreement.

And what does consideration have to do woth anything? Landlording is a business! Seems to me this landlord is being businesslike.

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Originally Posted by ScottGem

Ready to rent is one thing. But he needs time to find a tenant. Since you left it up in the air until close to the move out date, this hindered him in finding a tenant. I really don't see this guy as a sleaze. He refunded your deposit in a timely fashion and didn't even try to take anything out, which most sleaze landlords do.

I would write him a letter, saying you understand that he was withholding the last months rent for August. But if he is able to get a tenant to move in prior to Sept 1 that you expect him to refund a prorated portion of that las month's rent as per your verbal agreement.

And what does consideration have to do woth anything? Landlording is a business! Seems to me this landlord is being businesslike.

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If I only gave him 30 days notice, I would have gotten that back, and he knew when I was moving out, he would have had to find a tenant anyway, so consideration for the notice I gave him and the way I left the place. So, Im paying for a place I'm not longer in and he makes out on the deal? Last months rent isn't supposed to cover the time it takes for the landlord to find a tenant and that is basically what he's doing... thats being sleazy... I work in real estate and we have over 30 rentals and if this were to happen we would do the honorable thing and refund them the full security deposit...

You are missing the point. If you had told him the end of July in the first place, then you would have gotten the last month back. But he couldn't rent the place until Sept 1 until you told him otherwise. So lets say he found a tenant to move in on Sept 1. Now you come back to him and say you are moving 7/29. So he goes back to the new tenant and says you can move in sooner, but the tenant says no I can't manage that. He still has to honor his commitment to the new tenant which means he's out the August rental if he returns it to you.

Sorry, but I side with the landlord on this one.

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Originally Posted by ScottGem

You are missing the point. If you had told him the end of July in the first place, then you would have gotten the last month back. But he couldn't rent the place until Sept 1 until you told him otherwise. So lets say he found a tenant to move in on Sept 1. Now you come back to him and say you are moving 7/29. So he goes back to the new tenant and says you can move in sooner, but the tenant says no I can't manage that. He still has to honor his committment to the new tenant which means he's out the August rental if he returns it to you.

Sorry, but I side with the landlord on this one.

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Well actually, there are some decent people left in this world, I got a call from him last night and he's going to send out the Aug rent, he knew that was the right thing to do! See your missing the point, when I gave him the 60 day notice, I talked to him about when I was leaving and we had contact the whole time he knew I was out the last week in July. I shampooed the carpets, wiped down all the walls, washed the windows, scrubbed the kitchen and bathroom, so basically all he had to do (if he felt it needed was a fresh coat of paint) I worked with him and he worked with me, that's how this whole process should be. When you rent to someone and they move out,and pay the last months rent like they should, then you give them back their security deposit, it's not the tenants responsibility to fill the vacate spot, nor pay for it. Most landlords won't show an apt or house until the tenant is out and the place is clean, so when a tenant moves out there is still a month of no one living there, that's on the landlord. Your comment about telling someone they can have the place sept 1, most people won't start a lease till the following month anyway.

Sorry, but I don't agree with your generalizations. Landlords can and often do show apts before the tenants moves out. It is a fact of real estate that showing a place with furniture in it is more likely to attract a buyer/renter, then a bare premises. In addition, most landlords want their properties to return the maximum earnings. While many larger landlords do build in vacancy into their budgetting, many smaller landlords can't afford to have their property not bring in money.

Its nice that your landlord decided to honor his verbal commitment to you. But legally he didn't have to.

Your question was "Am I entitled to the full security deposit?"

You GOT back your full security deposit because of the pristine condition you left the unit in. Which was very good of you. Most tenants do not do so.

As for the situation you posed in your post regarding the last months rent... technically, NO you were not ENTITLED (by law - this is a Real Estate Law Forum) to the last month's rent back. The landlord had no obligation legally or morally to return that to you. Was it decent of him to do so? Sure! Actually, I'll bet you anything he got it rented for August.

Don't crawl all over Scottgem's back for answering the question you asked from a legal point of view. I'm sure there are some wonderful philosophy forums on the web where you can debate human decency and that sort of thing.

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Originally Posted by rockinmommy

Your question was "Am I entitled to the full security deposit?"

You GOT back your full security deposit because of the pristine condition you left the unit in. Which was very good of you. Most tenants do not do so.

As for the situation you posed in your post regarding the last months rent....................technically, NO you were not ENTITLED (by law - this is a Real Estate Law Forum) to the last month's rent back. The landlord had no obligation legally or morally to return that to you. Was it decent of him to do so? Sure! Actually, I'll bet ya anything he got it rented for August.

Don't crawl all over Scottgem's back for answering the question you asked from a legal point of view. I'm sure there are some wonderful philosophy forums on the web where you can debate human decency and that sort of thing.

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Yes it was decent of him to return that. I wasn't crawling over his back, I was stating my case just like he stated his, no hard feelings, he gave me his opinion and I gave mine, that's what I was looking for and I think if he felt I was crawling on his back, he can let me know, if he needs your help standing up for him, I'm sure he will ask. You're the one trying to bring philosophy here, and as far as I'm concerned you weren't of any help, his answers were much more helpful and he seemed like he knew what he was talking about. And no it's not rented for August, and I am helping him get it rented.

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Originally Posted by ScottGem

Sorry, but I don't agree with your generalizations. Landlords can and often do show apts before the tenants moves out. It is a fact of real estate that showing a place with furniture in it is more likely to attract a buyer/renter, then a bare premises. In addition, most landlords want their properties to return the maximum earnings. While many larger landlords do build in vacancy into their budgetting, many smaller landlords can't afford to have their property not bring in money.

Its nice that your landlord decided to honor his verbal committment to you. But legally he didn't have to.

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THank you, I see your point and understand what you are saying. I guess I got lucky! Thankfully I won't be renting again, but will make sure that anyone I know that is renting understands this.

Actually I did kind of thing you were jumping on my back a bit (but not enough to comment on). You were asking, not for my opinion but for the legal facts. Then you did kind of get into a philosophical issue of what was ethical and decent rather than what was the law.

We do kind of stick up for each other here and rockin's post did have merit and really didn't deserve the response you gave her. She was only expressing her opinion. Once you post something on a site like this, you open yourself to comments respective to that post whether pertinent to the whole thread or not.

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Originally Posted by ScottGem

Actually I did kind of thing you were jumping on my back a bit (but not enough to comment on). You were asking, not for my opinion but for the legal facts. Then you did kinda get into a philosophical issue of what was ethical and decent rather than what was the law.

We do kinda stick up for each other here and rockin's post did have merit and really didn't deserve the response you gave her. She was only expressing her opinion. Once you post something on a site like this, you open yourself to comments respective to that post whether pertinent to the whole thread or not.

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Well I didn't realize I was doing that, I was reading through other peoples post and seemed like most were just looking for advice too, but now you both are jumping on my back so let's back up and I will say I'm sorry, I didn't know it was only legal facts on here, I guess I was trying to state my situation and then was trying to understand the legal aspects and the moral. It seemed like you were trying to help me understand what the legal aspects were, and she was just attacking me from a landlords opinion. I thank you both for your responses and again I'm sorry if things went from a legal standpoint to a philosophical one. I was frustrated at the facts and its been a hard road to get to this point in my life and for some reason thought I was right on the legal side. Thanks again to you both!!

You both mentioned that this is a law site, are either of you a lawyer?

No you are misunderstanding. First, apology accepted. It wasn't that big a deal. This forum is part of the law area on this site, but its not restricted to specific discussion on points of law. However, the questions and answer do tend to be geared around such points. The point Rockin was making is that you asked specifically if you were entitled to the deposit. I answered that from a legal standpoint, you weren't. Your response was that the landlord should do the right thing which might not be the legal thing. Your responses seemed critical of mine, hence the reaction.

Apparently the landlord did the right thing so everything turned out OK. So lets just forget about it and move on.

As to my being a lawyer, I'm not a member of the bar. However, I have studied enough and have had enough life experience that I can answer many questions from a legal standpoint. I do know my limitations and will either not answer or qualify my answer if I feel I'm not on firm ground.

nolongerarenter,

I too accept your apology and offer one back.

I am not an attorney. I have owned and managed rental properties for the past 13+ years, in 4 states. I belong to my local, as well as the Texas and National Apartment Associations and have held various positions in those organizations.

Yes, I was coming at this from a landlord's point of view. I still maintain that he would have been right to keep your August rent. Definitely legally. And I really don't see where it wouldn't have been the right thing for him to do. Obviously the 2 of you had a more specific understanding orally that transpired after you gave him the 60 day notice, and it was good of him to handle things the way he did.

Over the years I've learned (the hard way - believe me)that the best policy is for me to stick to the lease and expect my tenants to do the same. It is a business, and believe me it's very hard to take a legalistic, hardnosed position with a tenant who I've gotten to know and like over time. I give people a break whenever I can. Unfortunately, the times I've gotten hosed are usually the times when I allow someone to break some aspect of the lease in an attempt to be kind and they take advantage of it.

I'm glad that you and your landlord parted on amicable terms. Congratulations on becoming a homeowner. Buying property is the best investment you can make, in my opinion!

Karla in TX

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Originally Posted by rockinmommy

nolongerarenter,

I too accept your apology and offer one back.

I am not an attorney. I have owned and managed rental properties for the past 13+ years, in 4 states. I belong to my local, as well as the Texas and National Apartment Associations and have held various positions in those organizations.

Yes, I was coming at this from a landlord's point of view. I still maintain that he would have been right to keep your August rent. Definitely legally. And I really don't see where it wouldn't have been the right thing for him to do. Obviously the 2 of you had a more specific understanding orally that transpired after you gave him the 60 day notice, and it was good of him to handle things the way he did.

Over the years I've learned (the hard way - believe me)that the best policy is for me to stick to the lease and expect my tenants to do the same. It is a business, and believe me it's very hard to take a legalistic, hardnosed position with a tenant who I've gotten to know and like over time. I give people a break whenever I can. Unfortunately, the times I've gotten hosed are usually the times when I allow someone to break some aspect of the lease in an attempt to be kind and they take advantage of it.

I'm glad that you and your landlord parted on amicable terms. Congratulations on becoming a homeowner. Buying property is the best investment you can make, in my opinion!

Karla in TX

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Thanks! You guys are awesome, I do have another question, but I think I will make another post, it has nothing to do with a deposit. I'm sure you guys have the answer!

Thanks again!

And yes owning is 150% better than renting!