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Law Pro
Law Pro, Attorney
Category: Legal
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Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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If you were renting and the lease expired at the end of Aug.

Resolved Question:

If you were renting and the lease expired at the end of Aug. and there was never a new lease signed, but you payed for the month of Sept. does the landlord have the right to keep the last months rent from you?
Submitted: 8 years ago.
Category: Legal
Expert:  Law Pro replied 8 years ago.

What do you mean - when did you leave the apartment or leased premises?


Why did you pay in September?


Did you pay a security deposit?

Customer: replied 8 years ago.
We were officially out of there on Sept. 28th, so it is avail. for someone to move in this month. He said he didn't have enough notice, but ammitted to me lastnight that I did call him in the 1st week of Sept. to let him know that I was moving. I paid for sept. b/c in Aug. I wasn't sure if I was moving, so he got paid for that month, but he's trying to get paid twice for the month of Sept. He told me when I talked to him in late Aug. and in Sept. that I would be recieving last months rent and the security deposit. I don't think that he has the $, even though it stated in the lease that it was going into a special account. He also said that he would pro-rate the last months rent if he couldn't get someone in there.
Expert:  Law Pro replied 8 years ago.

You each have to give one full months notice before vacating or asking for possession. Therefore, if you left in anytime during the month of September - you still owe for October.


After you leave - if you give him written notice of your new address - he has 30 days to forward you your security deposit and/or a statement of expenses as to the balance of the security deposit if it wasn't all refunded.

Customer: replied 8 years ago.
So even stating to him in Aug. that I was leaving, and being the main person on the lease, he still has a right to that money? He's very picky about who he rents to. Doing credit checks and all of that on them, so if he doesn't find someone til say, the 3rd week of Oct., I'm responsible for that?
Expert:  Law Pro replied 8 years ago.
You earlier stated that you told him you were leaving the 1st week of September - as such, you owe him for October. However, if you specifically told him in August that you were leaving at or before the end of September then you would only owe him for September. Since the lease expired (unless automatic renewal is in effect) you would only owe him for October/September (depending upon when you told him) and that would end your liability as to the lease.
Customer: replied 8 years ago.
I'm sorry to keep bothering you, but even if the lease was up at the end of Aug. no new lease was signed, how can he take Oct's rent if there wasn't even a lease in place and you were out by the 1st of Oct. and it is rentable. Is he collecting double rent for the month of Sept.? And is that legal?
Expert:  Law Pro replied 8 years ago.
Again, you have to give one full month's notice that you are vacating the premises - if he rented the place for October that's his good luck. You didn't have to be out until midnight on the last day of September - he would have had to pro-rate the rent with the new tenants then.
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