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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 27621
Experience:  Attorney
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I moved out of my apartment Oct 15. I Paid 1/2 month rent.

Customer Question

I moved out of my apartment Oct 15. I
Paid 1/2 month rent. My landlord kept the other half of rent to pay my rent until Nov 1 because he states I didn't give him enough notice so he was keeping the remainder for rent through Nov 1. I have asked if I could do a walk through if my unit since he stated I had substantial damage and he told me no. My question is... since he kept my deposit to pay rent through Nov 1 isn't the unit still technically mine? Don't I still have the right to walk through or even live there until Nov 1? Can he keep me from going trough it?
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 month ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

What state are you in? How much notice did you give the landlord that you were moving out? Did you have a lease for a set term, or was it month to month?

Customer: replied 1 month ago.
I live in Rockford ok. My rent was $825 and I paid 412.59 because I was moving oct 15. I paid a $825 security deposit and he kept the other $412.50 to pay my rent through Nov 1
Customer: replied 1 month ago.
Rockford illinois
Expert:  Lucy, Esq. replied 1 month ago.

Thank you. When did you give the notice, though?

Customer: replied 1 month ago.
I gave notice on Sept 12. which was more than 30 day notice. He stated I needed to give 30 day notice before sept 1. So since I paid 1/2 month he kept another 1/2 month to pay through Nov 1. But my question is... since he now has my rent paid through Nov 1, can I walk through it and look at damage he says I caused since my money has paid rent until Nov 1. Isn't the unit still mine technically? Can he keep me from going through it?
Expert:  Lucy, Esq. replied 1 month ago.

I just wanted to see if the landlord had a right to that money in the first place - in some states, he wouldn't.

When the landlord told you that you had to pay for the entire month, you could have chosen to stay for the whole month. If you have already turned over the keys and removed all your belongings, then the apartment is considered to have been returned to the landlord, and there's no further right to go back in.

With that said, the landlord is required to send you a written, itemized list of damages within 30 days after you moved out. They cannot keep anything without sending you that notice. If you don't get it, you can sue for a refund.

Expert:  Lucy, Esq. replied 1 month ago.

Do you have any other questions about this?

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