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    j_rivera83's Avatar
    j_rivera83 Posts: 3, Reputation: 1
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    #1

    Apr 1, 2011, 03:22 PM
    Can a landlord stay with the last month rent, if not used?
    We moved into the apartment in 12/15/09 it was the only apartment I found that I can pay the actual rent in since I had 3 kids at that time. I was never told that the apartment had bed bugs or mice and I finally found a bigger apartment and am moving on 4/9/11 that apartment I found is nice and clean and free of bed bugs. I even had to through away couches that I bought brand new on 2/16/10. Now I have a 3 month old baby and need a bigger apartment. I told the landlord numerous times that if he has 3 bedroom apartment to let me know, and if I found one to let him know and I did that exactly. Now he is stating that we should have used the last month rent last month but I didn't know I was going to find an apartment. So that is a problem because I want my money back
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Apr 1, 2011, 03:28 PM

    Hello j:

    There's some confusion going on... He can't keep your last months rent if you paid it again... BUT, he CAN keep your security deposit if you don't give him 30 days written notice. You apparently DIDN'T do this or you wouldn't have paid your rent.

    So, he CAN keep some of your money, but not for the reasons he's saying... You DO have a deposit, don't you? I'm sure he's going to try to keep that too. Broom clean your apartment, and make SURE you do a walkthrough with management. Photograph the apartment AND the landlord looking at it.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 1, 2011, 03:35 PM

    If I'm following you when you first moved in, you paid first and last month's rent. Did you also pay a security deposit? ANY question on law needs to include your general locale as laws vary by area.

    How much notice did you give that you were moving. If you did not give enough notice, then the landlord might be within his rights to hold the last months rent towards the notice period.
    j_rivera83's Avatar
    j_rivera83 Posts: 3, Reputation: 1
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    #4

    Apr 1, 2011, 04:06 PM
    Comment on excon's post
    No I didn't pay him security and I keep all my rent receipts it states right on the receipt last month rent and yeah I paid this month rent which was paid on 3/4/11 and am moving next week so he can deduct 1 week and give me the rest of my last month rent
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Apr 1, 2011, 04:11 PM
    Quote Originally Posted by j_rivera83 View Post
    i paid this month rent which was paid on 3/4/11 and am moving next week so he can deduct 1 week and give me the rest of my last month rent
    Hello again, j:

    Rent is paid in monthly increments. You didn't give him notice. He's ENTITLED to a months rent because you didn't.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Apr 1, 2011, 04:13 PM

    When did you give him notice? Again, ANY question on law needs to include your general locale as laws vary by area.

    Please don't use the comments feature to provide follow-up. Use the Answer options instead.
    j_rivera83's Avatar
    j_rivera83 Posts: 3, Reputation: 1
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    #7

    Apr 1, 2011, 07:01 PM

    I told him months ago that as soon as I find a bigger apartment that I'll be moving out
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Apr 1, 2011, 07:10 PM
    Quote Originally Posted by j_rivera83 View Post
    I told him months ago that as soon as I find a bigger apartment that I'll be moving out
    Hello again, j:

    That is not legal notice. It needs to be WRITTEN and SPECIFIC.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #9

    Apr 1, 2011, 07:17 PM

    Agreed, telling him you were going to move "as soon as" you find someplace else is not legal notice. If you did not give him legal notice, then he is entitled to collect rent for a period at least equivalent to legal notice.
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