i gave a written 30 day notice to leave my apartment. i was not in a lease-just month to month. i have vacated the apartment and turned in my parking remote as well. i forgot to drop the keys before i left town for several weeks. now that it is september first i am being threatened to either pay for september or possibly be evicted? how can i be evicted when i gave written thirty day notice and i have vacated? please tell me this oversight on my part does not mean i owe another months rent...can't they take the cost for a new lock and key out of my security deposit?
2007-09-03 19:13:23 · 6 answers · asked by thankyou 1 in Business & Finance ➔ Renting & Real Estate
If they are still holding your deposit, they can keep an amount that it costs to re-key the locks and for any unpaid rent and damage to the unit. They do have to document these expenses and notify you in writing within a certain amount of time--usually 14 to 30 days--explaining why they are keeping part or all of your deposit. If you did not provide them with your new address, you lose. I wouldn't count on getting that deposit back, though. In any event, don't give them any more money no matter what they say. They won't sue you. If you lose your deposit, just chalk it up to experience and get on with your life.
2007-09-03 19:22:05 · answer #1 · answered by Anonymous · 1⤊ 0⤋
There is a 90% chance you lost this battle. Of course he cant evict you since you are gone, but he still can sue you for that month because you had possession of the keys and that stopped him from offering the apartment to someone else sooner. Yes he could have changed the locks but still that would have been money you have to pay back because you are the cause of it. He cant get you kicked out of your new apartment, but lets just say one of these months you paying rent for 2 buildings. Make sure you give those keys back immediately before you pay another month for an apartment you don't reside in.
2007-09-03 19:27:59 · answer #2 · answered by Mochasoul 2 · 0⤊ 0⤋
If you've already vacated... I don't see how they could possibly evict you. You're not living there any more!
But they might be able to ruin your credit if they think you are still renting for the month of September (unpaid bill and all that). I would definitely talk to the manager or landlord about this, if I were you, and mention that you weren't expecting it. Be understanding of mistakes, but make sure they fix the problem. I don't think they can do more than take a little money out of your deposit, like you mentioned, since you played by all the other rules.
2007-09-03 19:25:02 · answer #3 · answered by lyrax_gaidin 2 · 0⤊ 0⤋
On a month to month you must give a total of 30 days notice. If you wanted out on 9/1 then you had to give notice by 8/1. Your saviour here is going to be a dated copy of your notice to leave. No, if you sent them the notice and have proof then they cannot tack on the extra months rent for failure to turn in the keys. Yes, the need to replace them for your oversight should come out of the depoist.
Inform them of your desire to pay for the locks but that you do not feel that you are required to pay the month's rent. If they get nasty tell them to take it to small claims, have your copy ready and you'll have no worries.
2007-09-03 19:26:16 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Did you save a copy of the 30 day notice ?
If you did , then you cannot be evicted (duh )
You never said they asked about the key ,
You just said they demand rent or be evicted .
Take them another copy of the dated , 30 day notice and ask what the problem is .
Maybe the office clerk lost the original .
They may charge to have the locks re-keyed if they bring it up ,
BUT you Never said they did .
>
2007-09-03 19:23:17 · answer #5 · answered by kate 7 · 0⤊ 0⤋
Laws vary by state. It may be in your state that possession of the key means you have possession of the property.
2007-09-03 19:17:25 · answer #6 · answered by Anonymous · 2⤊ 0⤋