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Old Yesterday, 05:00 PM
 
1 posts, read 48 times
Reputation: 10

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I provided a notice that I would be moving out sometime at the end of the month in Oct. I found a property prior to, arranged for a walk through, surrendered keys and submitted a professional carpet cleaning on the 12th of Oct and surrendered the property over to the landlord on the 13. If I indicated that I would be moving out at the end of Oct but he actually had property possession on Oct 13th is Oct 13th the final date of the contract (rent was paid to Oct 13)? Is it at that point where the clock starts running to the 30 days in which he has to provide my deposit back or provide written notice of what he is holding back any portion of my deposit for? He posted photos of the property now up for sale on Oct 17th. I was out of state and have proof I could not have had possession of the property after Oct 13 bc I moved to Iowa.
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Old Yesterday, 06:03 PM
 
Location: Here and there, you decide.
11,613 posts, read 22,782,487 times
Reputation: 3920
If you put in writing that you are moving out on Oct 30, that’s when the clock starts because you gave him written notice for the 30th. You only paid rent till the 13th. If your landlord was a jerk, he will take the rent owed out of the security deposit when he sends you the final statement of account that you would receive on the 30th. You did give him a forwarding address, correct

Also check your lease for notice of moveout requirements. The lease I use tells tenants that move out is the final date of the next month. If you tell me you’re moving on Oct 29, the lease states with notice, moveout is Nov 30. If you give notice Oct 13, it’s still Nov 30
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Old Today, 08:21 AM
 
Location: New York
1,500 posts, read 1,423,042 times
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The 30 day clock starts the day after the landlord accepts possession of the property. You are still responsible to pay rent for the full month of October and the landlord can deduct any unpaid rent, damages and unpaid utilities from the deposit.
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Old Today, 03:51 PM
 
148 posts, read 75,659 times
Reputation: 200
And most landlords will wait to the 30th day to give your money back it seems.
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Old Today, 04:09 PM
 
Location: Here and there, you decide.
11,613 posts, read 22,782,487 times
Reputation: 3920
Quote:
Originally Posted by vegasfan1985 View Post
And most landlords will wait to the 30th day to give your money back it seems.
If you get it back at all
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Old Today, 05:02 PM
 
11,115 posts, read 3,888,525 times
Reputation: 4797
The clock starts on the day the owner has possession. Statute set.

The 30 day notice thing is more complex. It does not depend on calendar months though that can be in the lease. Doubt the owner has much of a case for the full month once he accepts the place back unless it is a term in the lease.

We rented the first few months we lived in Vegas. Moved out early but got the place re-rented so their was no break in the rent to the Landlord. LL tried to withhold the remainder of the lease from the security deposit. We took him to small claims court and won easily including court costs.
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