Quote:
Originally Posted by JONOV
But that wasn't the case here. The landlord had nothing scheduled but the walk through. Look, if she had to get the painters and the carpet cleaners in, and was delayed by that, by all means she should have charged him. But all she saw was him carrying out a box or two ahead of the walk through time.
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It doesn't matter why the LL was there and what they were or were not doing. He should of had everything out by his last day of possession not my first day of possession. My lease agreement was from 1-31-2016 to 1-31- 2017 not 2-1-2017. The lease ended and the tenant legally has no right or claim to possession of the property. Empty or being worked on makes no difference. He nor his property has any right to be there.
It's like staying at a hotel. Check out time is by 11 am. You decide to stay over by 6 hours you get charged. Regardless if the room is empty or the cleaning lady wants to clean it. You rented it from x time to x time. Not x time to xn time.
There is a reason UNLAWFUL DETAINER is actually a legal term.
This is why I charge the full month rent for the last month if the notice falls on any day other than the last day. I have a tenant right now who is moving. She bought a house. If she's put by the 15th I send her back the other 15 days. If she stays later I charge her. You pay the full month and I prorate and send back the remaining unused portion. Your security deposit is processed and sent in a different letter and check. All sent signature required.