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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I am moving out with a month left on the lease. My landlord

Customer Question

hi,
I am moving out with a month left on the lease. My landlord says that i have to surrender the keys before he will even schedule a walk through. This would seem to leave me unprotected for the intervening period should any damage occur while i am not in control of the apartment. The landlord claims that this is stateed in the lease but the lease only has a list of things required for the return of then security deposit the first item being surre nder/key return and the second being inspection of the premisses. There is no indication of a temporal ordering, much less his suggestion that he will not even contemplate scheduling a walk through until after the keys are returned. I am more concerned about damage in excess of the deposit than the deposit itself. The place could be vandalised while vacant, or the landlord/owner could maliciously damage the apartment in order to fund improvements at our expense. There is already some bad blood between us so my guard is up.
thanks,
joe P.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 7 months ago.

Hello. My name is***** will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice /legal service you should contact a local attorney.

I am not permitted to tell JustAnswer.com what to do in their specific situation or list all of the legal rights that might potential apply in any specific situation, as such legal advice can only be provided by your local attorney, upon review of your entire case.

I can however, provide you with a general answer, if you have a legal question for me?

Thank you.

Customer: replied 7 months ago.
please do. Do you need me to re-describe the issue?
Expert:  Alex Esquire replied 7 months ago.

I read your post.

Can you please clarify what is your legal question about the situation you have described in your post?

Customer: replied 7 months ago.
I am wondering whether I am required to surrender the keys without a previously scheduled walk through, and if I am liable to damages which might occur in the interim when i am not in control of the property, and how i might protect myself from this possibility.
Expert:  Alex Esquire replied 7 months ago.

Thank you for your follow up.

What is the reason given by the landlord of not agreeing to a move out walk through at the time of the actual move out?

Customer: replied 7 months ago.
He claims that the lease says that there will not be a walk through scheduled until after the keys have been surrendered. The lease does not say this, but merely has a lettered list. The first item says keys surrendered and the second says walk through. The ordering is not stated to be a temporal ordering and there is nothing about a large time period in between. The guy that does the inspections told me that it is about his convenience, which takes precedence over my financial protection
Expert:  Alex Esquire replied 7 months ago.

Thank you for your follow up.

Are you paying rent for the month that remains on the lease after your move out?

Have you suggested a walkthrough inspection right after the keys are surrendered?

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