When are my 30 days up? (lease agreement, security deposit, MLS, legal)

[Okey Dokie]

This is Missouri. Landlord has 30 days to return deposit, which in our case is $1,000.


Here's my timeline: Lease was through May 31, 2018. In late February, notified landlord we would be vacating by April 1. Returned keys on March 27. Paid rent for April. Landlord decides to sell instead of re-rent. Got quick sale and it closed on April 27. Landlord notifies us in writing we do not have to pay May rent, which we don't. Also tells us we will get refund for rent for April 27 - May 1.


So in your non-attorney, armchair quarterback opinions, when does the 30 day clock start ticking? April 27 or May 1 or May 31?

[LLinVA]

I would say April 27th because that was when you no longer had possession of the premises. If he didn't/doesn't actually refund the three days, then he could argue April 30th.

Have you asked the landlord about it? Maybe it's already in the mail.

[1ondoner]

Conservatively, the clock starts ticking on May 31st, as stated in your lease agreement. Why not ask the LL when they will refund your deposit?

Originally Posted by Okey Dokie

So in your non-attorney, armchair quarterback opinions, when does the 30 day clock start ticking? April 27 or May 1 or May 31?

[Rabrrita]

Technically the day the landlord decided not to re-rent and sell is the date your legal responsibility ended. This is based on the doctrine that they stopped rent mitigation, so your responsibility also ends.

[MrRational]

Originally Posted by Okey Dokie

Lease was through May 31, 2018.
In late February, notified landlord we would be vacating by April 1.
Returned keys on March 27. Paid rent for April.

...tells us we will get refund for rent for April 27 - May 1.

For the SECURITY deposit refund?

...when does the 30 day clock start ticking?
April 27 or May 1 or May 31?

March 27 when the LL had regained possession.

[Okey Dokie]

Originally Posted by MrRational

For the SECURITY deposit refund?.

No, refund of rent (4 days +/-) PLUS security deposit refund.

[Okey Dokie]

Originally Posted by Rabrrita

Technically the day the landlord decided not to re-rent and sell is the date your legal responsibility ended. This is based on the doctrine that they stopped rent mitigation, so your responsibility also ends.

Interesting...so theoretically we didn’t need to pay April rent? Was for sale in MLS on March 29. I’m not going to press that issue...but verrrry interesting.

[AZ Manager]

Originally Posted by Rabrrita

Technically the day the landlord decided not to re-rent and sell is the date your legal responsibility ended. This is based on the doctrine that they stopped rent mitigation, so your responsibility also ends.

That one, unless it was also listed for rent at the same time and the LL didn't do anything to harm the chances of it being rented out. That is HIGHLY unlikely though.

Also the state has to require mitigation of damages, or verbage in the lease does. If the state doesn't require mitigation then your end date would be the day it sold and day 1 of the 30 days would be the day after.