Are Landlords required to refund last months rent if un-used?

Question

I gave a thirty day notice when I paid my rent this month. When i moved in to this apartment I paid first and last months rent plus a security deposit. Is my landlord required to refund my last months rent and the security deposit?

Thank you for responses.

Answer 1

Yes, with interest if you live in RI. But you never get interest back.

Answer 2

If you moved out before the lease agreement actually expired, your landlord owes you nothing because you breached the contract. In some states, landlords can retain security deposits when rental contracts are breached. If you didn't have a lease agreement (or an agreement in writing), neither you or your landlord can PROVE anything. In other words, you have no legal recourse. An oral contract is valid but not legally ENFORCEABLE.

Security deposits, when all terms to a lease agreement are satisfied, are generally refundable. When you initially moved into the property, you should've been given a property inventory form. With this form, you should've examined/inspected your property to mark any apparent or subtle defects. I suggest marking down every mark, scrape, and hole because when you go to move out, your landlord will almost always hold you accountable for those defects. When you turn your property condition form in, you should have at least one page listing the dwelling's defects. Even new dwellings have minor defects that we often miss or overlook -such as missing trimwork and scratched mirrors. Regardless of what it is, mark it down. The more you document, the less likely your landlord will hold you accountable for it. Have your landlord sign your property condition form and retain a copy for your records.

If your security deposit isn't refundable, your lease agreement will say so. If a portion of it isn't refundable, your lease agreement will specifiy what the monies will be applied to. Pet deposits are generally non-refundable.

I hope this helps...Good Luck.

Answer 3

He's required to refund the security deposit IF there are no damages to your apartment (or changes that he needs to restore to the original state).
Technically, you've paid your last month's rent twice - once when you moved in, and again when you gave him the 30-day notice - so yes, one of those payments should be refunded.

Answer 4

if it is unused, and there is no damage and you have a 30 day notice in your contract-yes.
He has 2 weeks to get it back to you. Make sure you take pictures when you leave- and clean everything-including the inside of the stove. Take pictures inside the fridge, dishwasher, under cabinets, and bathroom. Be prepared. Review your contract.

Answer 5

He only owes you the security deposit, unless some repairs were needed after you moved out. Landlords try to hold onto the security deposit whenever they can.

Answer 6

Absolutely! In CA they have about three weeks to send you your check with an itemized list of any deductions. That is if there were any deductions.

Answer 7

If you stayed for the full term of your lease, yes. If you left early, then no they don't have to give it back since you broke the lease.