I signed a lease in 05/2008. It renews automatically for 5 years unless notice is received by me or my landlord. I am planning on leaving at the end of my lease 05/2009. I have sent notice to my landlord now. The problem is I noticed my lease said I have to provide 120 days notice ( who really knows 4 months in advance they are moving). I also paid my landlord 4 months in advance rent when I moved in plus the security deposit.

The landlord allowed me to use one of the months for 12/2008 as rent. I have been paying rent every month since I moved into the place. So at the end of the lease my landlord will still have 3 months plus security. What I would like to know if can the landlord keep the months I paid and have not used. I have a feeling they are going to try something sly. I do not feel I should have to pay the last two months I am there April and May if that is going to happen. I sent a letter to them telling them I was not renewing. I asked what their intention were on giving me the money back and that all communication be in writing so there is no problems.

Please let me know what I should do

Thank you

Your landlord cannot legally keep money for rent when you're not occupying the apartment. However, I wouldn't recommend not paying rent on the assumption that you won't be getting your money back.

If you agreed to give 120 days notice and didn't provide notice until April, they might be allowed to keep the extra 2 months rent IF they are unable to find another tenant. However, if they re-rent the property they have to return your money.