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The landlord to the apartment I had moved out of last week has a tenant that is moving in today. The apartment is under lease and paid for to me until the end of the month, July 31 (today is July 26). I had yet to return the keys to the apartment to the landlord, and when I asked the landlord when he would like to do a final walk-thru, he informed me that it was 'unnecessary.
Today I went to the apartment because I had a shovel in the basement that I had forgotten, and at that time I met the new tenant who happened to have a moving truck out front and was moving her stuff in. She told me that she is living there starting today. I was pretty surprised by this being that the landlord never informed me that the new tenant would be moving in six days early, while the apartment is still under lease to me.
I asked the new tenant if the landlord charged her for the 6 days for this month, and she said yes had charged her for the 6 remaining days in the month. So not only did the landlord let someone move in a week early while the apartment is still under lease to me, but he also charged her for it.
I'm furious over this because I know that the landlord has no intent to return me pro-rated rent for 6 days, and it just happened to be a coincidence that I found out about the new tenant moving in so early.
I never really had a good relation with this landlord. When the pipe to the kitchen sink literally fell off the bottom of the sink, I was without a functional kitchen sink for almost two weeks. When I moved in one of the windows was broken and couldn't open, and he took months to repair it after numerous inquires (he said he was going to fix is before we moved in). In the winter, he would turn the heat off after 10pm so the apartment would be freezing at night (one night it was 58 in there!). I had always paid rent on time and was never a nuisance to anyone in the building. He even wrote a great reference to my new landlord.
A part of me wants to stick it to him and be a total a-hole about this, and hit him hard legally. I'm talking go there tonight, enter the apartment, bring a air mattress, and sleep there with the new tenant there. Have the police involved so it's well documented, and hit him hard in court for doing this.
So my question is this to everyone... What would you do, and what exactly are my options?
Sidenote: When I moved into the apartment last year, we agreed to an April 15 move-in date for 1/2 month rent. I had later told the landlord I wanted to move-in April 12 because of my work schedule, and he had charged me the extra 3 days pro-rated. So it's only fitting to do the same back to him, right?
If you told the landlord that you had moved out, he is then free to rent it to someone else. I doubt you have any legal grounds to "hit him hard legally". If you do anything at all, you should avoid rocking the boat until after you have received your deposit back.
If you told the landlord that you had moved out, he is then free to rent it to someone else. I doubt you have any legal grounds to "hit him hard legally". If you do anything at all, you should avoid rocking the boat until after you have received your deposit back.
I'm meeting with the landlord tomorrow to get the deposit back. And how is the landlord free to have someone else move in right now if I still have the keys, am under lease until July 31, and have the paperwork and receipts to show it? I think you're missing the point. A lease is a lease. It's a contract. That place is 100% mine until July 31 11:59pm. I paid for it. I still have the keys. My place.
I'm not worried about getting my security deposit back. He already said we're meeting tomorrow to give it back to me. And he can't deduct anything because when I asked when does he want to do a final walk-thru of the unit, he told me it was unnecessary because of how he saw how I took such great care of it (I even steam cleaned the carpet 2 months ago knowing I was moving soon).
The whole point of this is to get the 6 days rent back from him, because I paid him for it, and he charged the new tenant for it as well. Why should he be collecting 2 weeks of rent for 1 week?? I deserve it, not him.
How do you know he wont include the 6 days in the deposit check ...
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