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Once a landlord has returned your security deposit and accepted the key to the apartment in person, can he call and demand that more rent is required. My daughter was in a lease that expired May 31, 08. A 60 day notice was required or the lease would renew, her two roommates are remaining in the apt. She gave the landlord a 1 month notice, spoke with hime3-4 times by phone. He never mentioned June rent. Now he is demanding she pay for June. rent. Each girl had to sign the lease.

Submitted: 530 days and 20 hours ago.

Category: Legal

Value: $15

Status: AWAITING CUSTOMER ACTION

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Pittsburgh, Pennsylvania

Already Tried:
Talking with the landlord. He says he mistakenly returned sec. dep. Security dep. was returned on May 20. However, he spoke with my daughter multiple times and accepted key in person on May 31 and never made mention of June rent until June 5 when he called her at 10:00 PM and said someone needed to pay her share of the rent and he wasn't asking her two roommates who are still living there. Merritt moved out May 20. A new roommate is moving in but has not signed the lease saying she is not moving in until July. Her name was put on the gas bill as of June 5 when it was transfered out of my daughter's name.

Posted by PaulMJD 530 days and 20 hours ago.

Answer

If she signed the lease and did not comply with the 60 day notice, then she is in breach of the contract and he could demand the rent. If the other two girls are still honoring the lease and he is getting the full rent from them. he should not have any grounds to collect any amount from your daughter. But if the two remaining roommates fail to honor the lease, your daughter could be still liable for the time between the 30 days when she gave notice and the 60 days required under the lease.

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530 days and 20 hours ago.

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What about the returned security and the key.
Merritt was up front with him and he never said a word about June rent. He said it was not a problem until June 5.

Answer

She would have to argue that he waived the 60 day notice by telling her not to worry about the June rent. But, if the contract has a provision about waiver or changes stating that they must be in writing, she may not succeed on that argument. Again, if the other two roommates are paying the full rent, then he should not have any claim against your daughter, but if they have only paid 2/3 of the rent, she would still be liable for not giving the 60 day notice as required in the lease. The best option is for you to attempt to negotiate with the landlord.

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Expert:	PaulMJD
Pos. Feedback:	99.5 %
Answered:	6/10/2008

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What about the returned security and the key. Merritt was up front with him and he never said a word about June rent. He said it was not a problem until June 5.

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What about the returned security and the key.
Merritt was up front with him and he never said a word about June rent. He said it was not a problem until June 5.