I just moved out of a home and had a disagreement with the landlord. I gave a 30 notice on the 17th or last month. Since the month had 31 days, I took that to mean that my tenancy was over on the 17th of the next month. When I moved in, I was required to pay first month (prorated since he wanted me in ASAP and I moved in in the middle of the month), last month and 100% of the monthly cost for a deposit.

Since I just moved, I'm having a hard time finding my copy of the rental agreement. He's agreed to send me a copy because we're debating about whether I should be prorated for the half month I paid in advance and didn't use (due to giving my 30 day notice in the middle of the month). Under what circumstances will he be able to keep all of my last month's rent? Is there something specific I should look for in the rental agreement when I get a copy? Is there a specific law/code that references this?

Also, does anyone have a legal definition of "normal wear and tear," that has been uphold in courts? The wording it, unfortunately vague and I don't know what I'm liable for and what I'm not. There are some obvious things I have to pay for and won't dispute, but there are some things that I think are debatable.

Quick addition. Does that fact that I lost about a half a gallon of water a day due to leaky plumbing that was aware of help me in any dispute that may arise? He had a plumber in one time and then managed to fudge all further scheduled appointments at which point I said, "You're the landlord, you take the time off work. I authorize you to come in for plumbing purposes as long as you let me know ahead of time." Or the fact that I was paying $50 a month for a gardener that, maybe, showed up twice a month and sometimes less than that? Or the ant and spider infestations that I constantly informed him about and he said were my problem?

I've tried to be nice, sent him notices about all this stuff and paid rent on time every time (despite him never depositing checks in a timely fashion). Now I just want as much of my money back as possible.

Your lease agreement may require your notice be given on the 1st of the month so you may well not entitled to your LMR back. Forget the water & gardener situation.

First, were you on a month to month basis at this point?

What I'm not clear on is what you paid on the first month. You saythe first month was prorated because you moved in in the middle of the month. If so, then the first month's rental has no bearing. So the question is what you need to pay for the last month. Unless the lease specifies that you are responsible for the full final month, then he should refund a prorated portion of the last months rental you deposited with him (I'm assuming you didn't pay the last month).

As for the deposit, you should have done a walk through with the landlord and defined what needed to be done. If you both signed off on it that's that.

The definition of wear and tear is vague. If there is a dispute you may have to go to court to resolve it.

I was always on a month to month basis, there was no defined lease period. There was also no walk through done prior to moving in. I imagine there's something in the contract that I signed though. Too bad you don't find all the busted things until after you move in and start using things.

So, here are the applicable sections. Looks like I'm pretty screwed, but figured I'd post them to make sure:

Clause 3. Term of the Tenancy

The rental will begin on May 10, 2006, and continue on a month-to-month basis after June 1, 2006. Landlord may terminate the tenancy or modify the terms of this Agreement by giving the Tenants a minimum of thirty (30) days written notice. Tenants may terminate the tenancy by giving the Landlord a minimum of thirty (30) days written notice. If notice is given by either party after the first of the month, the termination will be effective at the end of the following month.

Clause 7. Security Deposit

On signing this Agreement, Tenants will pay to Landlord the sum of $4,100.00 as a security deposit receipt of which is hereby acknowledged. Tenants may not, without Landlord’s prior written consent, apply more than 30% of this deposit to any other sum due under this Agreement. After Tenants have completely vacated the Premises, returned keys and provided Landlord with a forwarding address, Landlord will return the deposit in full without interest and less any set off damages to the Premises. Landlord may withhold from these deposits what is necessary to cover the charges including but not limited to damages to the Premises, cleaning costs following Tenants’ departure, unpaid rent, various other accrued and unpaid charges.