I recently moved out of my apt that I had for a few years and my landlord gave me permission to have an inside cat. I have had problems getting the smell out of the carpet so my land lord told me to do my best to get the smell out if I wanted my deposit back. He said he could not rent it because of the smell. I have recently been sick with streep throat so I have not had a chance to do much in the last few days. I went today to spray it with a new cleaner when much to my surprise someone is in the middle of moving in. Because I was sick I paid an outside company to come in and clean it which cost me $90. Can he do this to me? Can he rent the apt out when I do not have my deposit and still have the keys?
2006-08-14 11:36:50 · 14 answers · asked by in need of advice 2 in Business & Finance ➔ Renting & Real Estate
As a landlord myself, your landlord doesn't have to give you your deposit before renting it to someone else. You've already moved out, so it only makes sense that he doesn't want it sitting empty. Most landlords (good ones) will change the locks for new tenants, so it wouldn't make a difference if you still have your keys. Hopefully you'll get your deposit back, but if the apartment still smelled after being cleaned, you might not (although your landlord shouldn't be too hard on you about this if he said you could keep the cat there). Hope this helps some!
2006-08-14 11:46:06 · answer #1 · answered by Temp 1 · 0⤊ 0⤋
Yes, he can move new tenants in if it was past your move out date.
Yes, he can move in new residents if you didn't turn in your keys (as mentioned, this happens all the time and most GOOD landlords will change the locks the day after you are scheduled to move out)
It depends on the state, but here in California we have 21 days to provide either a written accounting of charges OR the deposit OR explanation of delay of refund to the former tenant. Your statement (or deposit - if there is any left) should be on its way.
He may have charged you for carpet cleaning and / or replacement and also cost to change or replace your locks and keys.
Hope you're ready - you may owe him money!
Good luck!
2006-08-14 21:06:01 · answer #2 · answered by lightnin21maui 3 · 0⤊ 0⤋
Yes he has the right to do that . The apt is costing him money everyday its empty . Just because you get sick you think its fair for him to wait on you to clean the apt ? In Va he has 21 days to give you the deposit back . As far as the keys I always change locks when a tenant leaves
2006-08-14 21:13:27 · answer #3 · answered by Chris N 2 · 0⤊ 0⤋
It depends where you live (i.e. Country, State, Province). In British Columbia we have what is called a Residential Tenancy Act. You should check in your area if there is a residential tenancy board. If you spoke with them they most likely would be able to answer your questions. In B.C., the landlord has 14 days from the day you move out to refund your damage deposit. So, of course, by the time you receive your damage deposit, you would be out of your old place and into a new one. Also, did you sign a lease or a tenancy agreement? If you did, you should review the terms and conditions set out in the document with regard to the damage deposit. Hope this helps!
2006-08-14 18:46:39 · answer #4 · answered by {~§åŗã~} 4 · 0⤊ 0⤋
Absolutely.
Why should he lose money with an otherwise rentable apartment
waiting for you to get better?
That is what the security deposit is there for.
Yes, if you paid for the de-smelling, and he has no other problems with
the apartment, then he should return your security deposit to you. That is,
he must state what it pays for if he wants to keep it.
And yes, you can sue if he doesn't do it.
The key is meaningless. You should return it, simply to improve the
security of the new tenant.
2006-08-14 18:43:49 · answer #5 · answered by Elana 7 · 0⤊ 0⤋
Yes, they can rent even if you still have not returned the keys (and they haven't returned the deposit).
2006-08-14 18:46:11 · answer #6 · answered by tlakkamond 4 · 0⤊ 0⤋
Yes, he can move new tenants in if it was past your move out date, whether or not you cleaned it, and whether or not you turned in your key or received your deposit back.
2006-08-14 18:43:30 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Of course. He's supposed to wait for you?
I think the $90 was a huge bargain.
2006-08-14 18:42:53 · answer #8 · answered by Oh Boy! 5 · 0⤊ 0⤋
If you are past your move-out date, he can come in. Keep your reciepts and see in in Small Claims court.
2006-08-14 18:40:55 · answer #9 · answered by tianac23@sbcglobal.net 2 · 0⤊ 0⤋
Yes, he can. You should count your blessings. He could have charged you a LOT MORE, for instance, replacing the carpet.
Cat pee sucks!
2006-08-14 18:42:37 · answer #10 · answered by tonevault 3 · 0⤊ 0⤋