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froggy7 · Jul 5, 2008, 01:36 PM

I gave my landlord 30-day notice for the end of the month. I've also told them in my notice that I would be physically out by the 15th, in case they found someone who wanted to move in earlier. They want to show the house for this last month (which I agreed to in the lease), but I know that we are going to get into "discussions" about show-readiness, given that they don't want me to have any pet-related items out during that time, or have the pets in the place while it's being shown. And I am not willing to shut them up all day, and am pretty sure that they will like the results of not having a litterbox even less than the look of having one. So I'm thinking of moving to my new spot next week, just to make everything easier on everyone.

Is there any trouble that I can get into for doing this? I don't plan on giving up the keys until the 30th or they have a new tenant (and refund the appropriate part of my rent), whichever comes first. I just won't be living in the place.

rockinmommy · Jul 5, 2008, 01:44 PM

As long as the rent is paid up and you're not violating anything the lease may say about occupancy, I think you're being very considerate.

Do you think the LL is going to have a problem with this plan?

You could either discuss your plans with them - pointing out how easy it will be for them to show it and they won't have to contact you every time, etc.

Or you could just move the majority of your stuff - leaving behind several large items and if asked say you're "in the process of moving".

progunr · Jul 5, 2008, 01:53 PM

The only problem I see with your plan is the part about not giving the keys back, until you know about the amount of your deposit refund.

I don't think they will even discuss the deposit, and any fees, until AFTER you have surrendered the keys, and therefore, the house.

Legally, until you do surrender the keys, you are still a tenant, and there is nothing to discuss regarding your deposit refund.

Fr_Chuck · Jul 5, 2008, 01:57 PM

Yes, as a landlord I would schedule a walk though and give a written report at that time and they would give me the keys and then they would receive a letter with the deposit minus any repairs within the week.
But I would not settle deposit until they turned unit over.

But a scheduled walk though with a signed paper on any damages would be the thing I would require

rockinmommy · Jul 5, 2008, 02:02 PM

I don't think OP is questioning or referring to their deposit... I think they want to make sure that if the LL rents the unit prior to the end of the month they reimburse them for those remaining days.

I agree... deposit isn't even discussed until tenant relinquishes possession - which includes returning keys.

froggy7 · Jul 5, 2008, 02:17 PM

Let me clarify: this was a temporary housing situation, while I looked for a spot to buy. So I don't have any "large pieces" to leave. One of the reasons I am thinking of moving is because right now my "bed" is a pile of blankets on the floor, and the largest number of items in the place are the dog beds. I don't want to give the keys back until the end of the rental/they get new tenants, because I still would be using the washer and dryer, until my belongings get delivered at my new place. Which I figure is only fair, since I am still legally the tenant until the end of the month, and the utilities are in my name.

rockinmommy · Jul 5, 2008, 02:30 PM

Well, you're right... you've paid rent. It's yours until the end of the month - unless everyone mutually agrees to have a new tenant sign a lease sooner.

I guess I don't understand your concern. Has the landlord indicated that you're required to stay in the premesis? Are they tough to deal with? Is there a written lease?

froggy7 · Jul 5, 2008, 05:34 PM

There's actually a written lease, the owner isn't that hard to deal with. But they are using a realtor as property manager, and we are definitely going to butt heads over "show condition". I am feeling slightly put upon on having to show the apartment while I am living in it, but can see the point of doing that. I just did not take well to "all signs of the pets must be gotten rid of so that the apartment can show to its best". Of course, I could just not do that part, I guess, and let her deal with it. But really, I just wanted to be sure that there wasn't some way that I would be accused of trying to break the lease if I moved out early.

rockinmommy · Jul 5, 2008, 06:42 PM

Originally Posted by froggy7

But really, I just wanted to be sure that there wasn't some way that I would be accused of trying to break the lease if I moved out early.

Unless your lease specifically says something to the contrary I think you're fine. You've paid July rent, so as long as you're prepared to turn in the keys, do a walk-through, etc - whatever their move-out procedure is - by July 31 I can't see any issue.

If they say anything about the place being vacant just point out that you're paid up and tell them that "yes, you're in the process of moving." If you're there periodically to do laundry and check on the place you're keeping an eye on things.

If the owner is easier to work with than the realtor it couldn't hurt anything to just contact the owner and tell them that they can show the place at any time, all signs of the pets are gone, and that you'll be available to do a walk-through/turn in keys on the 31st, or as soon as they re-lease it - if it's before that.

I just can't see anything about the scenario as you've described it that they'd have a problem with.