Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 7 months ago

Landlord deducting prorated rent from security deposit unfairly?

On 11/7 my month to month tenancy ended after 3 yrs at my Apt. I asked my property manager if it was okay to take a few more days after the 7th to go in and clean the unit only. The PM gave me permission( which I have in a text). I was moved out by 11/7 and have proof to show, such as utility transfer, pictures of the apartment and refrigerator empty, moving company invoice and etc.  I texted the PM on 11/11 to do a walk through, but the PM or landlord did not care to do it so I returned the keys, but they did not get the keys until the 12th. The landlord just sent out the letter on 12/10 stating he will take out the prorated rent from 11/7-11/12 out of my deposit. The landlord did not care about me needing extra days until I asked him about returning my deposit. Hence, it took him almost a month to send the letter. Also, right after I returned the keys they put the unit up for rent without having to do anything. As a good tenant for 3 years, leaving the unit clean and given the permission to get those extra days I feel the landlord is being unfair with taking out the prorated rent from my security deposit. 

Update:

After 11/7  I did not have my possessions in the home. I went in a few days after the 7th to clean for an hr a day and locked up the unit, which I asked prior if it was okay.  The LL did not say I would be charged for needing the extra couple days to clean. After asking about my deposit this, is when the LL is bringing up prorated rent and other crazy things to keep my full deposit. Even the Property  manager thinks it's crazy especially after saving them from receiving many property violations.

Update 2:

Thank you guys for your answers and interest in my question. I have read each of your answers and will take this situation as a lesson learned. He knows what he is doing and God will take care of him. None of his units are renting out so I'm sure that's the reason why hes finding all ways to keep my full deposit to stay afloat. Be blessed guys and have a safe and happy new year. 

11 Answers

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  • Goerge
    Lv 7
    7 months ago
    Favourite answer

    They have to go by the letter of the law because it's not their money to do with as they please. The key word is manager because they simply manage the properties and because they don't own anything they aren't the ones who have the authority to waive applicable fees. You didn't surrender ownership until the 12th so they need to account for those days. They then changed the locks or just the cores and were able to market the unit. Some property managers are given authority to forgive penalties but apparently that one can't... or won't. Them choosing not to may be unfair but it doesn't sound illegal. That's just more proof that life isn't fair. 

  • 7 months ago

    I'm surprised that you were not charged for the full month of November. YOU asked for the extra days. You are responsible to pay for them. Also, landlords cannot rent it mid month so quit while you are ahead. The landlord was MORE THAN reasonable with you.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
    • Nuff Sed
      Lv 7
      7 months agoReport

      Landlords FREQUENTLY rent things mid-month. There isn't any reason not to.

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  • Maxi
    Lv 7
    7 months ago

    Regardless of if your possessions were out, you had not handed back your key on the date you should have left, which means regardless of permission to 'clean' you still occupied the property which means you can and are likely to be required to pay rent, so it may seem 'unfair' however it is perfectly normal and legal

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  • 7 months ago

    It might feel very unfair but you didn't return the keys and leave the place spotless on the DAY you were "out". So you weren't "out". The fact that you'd vacated the apartment is meaningless since you'd not have cleaned it and returned the keys on the date your rent was up. The landlord giving you permission to clean it after your move out date isn't permission to take your time for free. Next time you rent someplace, make sure you are cleaned and out and keys returned by the day your rent is up. I agree that it'd have been nice if they'd done things the way you wanted them to. But I'm certain they are 100% within their legal right to handle it as they did.

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  • Judy
    Lv 7
    7 months ago

    What's unfair about that? You still had possession, even if you had moved out. If you hadn't done the cleaning, money for cleaning would have been taken out of your deposit.

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  • A.J.
    Lv 7
    7 months ago

    Texting does not have a clean legal status. It should include a face-to-face or telephone contact. The apartment is vacated when totally empty and keys in the hands of the landlord, or appropriate equivalent per landlord's request.

    "Permission" is not rent-free unless particularly stated as such. It could be an extension of occupancy.

    It is NOT when you move out. You can lease an apartment legally and never even move in. It is about access.

    In leaving an apartment, you are responsible for it to be the condition when moved in, minus normal wear. Leaving the unit clean means not being charged a cleaning fee. A landlord can choose to waive legal rights. The exact wording of the landlord's responses are needed to determine whether a right was waived and not what you assumed or interpreted. We agree the landlord could have been nicer, but unless you have more, no legal obligation has been broken. 

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  • LILL
    Lv 7
    7 months ago

    Does your text specifically state that you do not have to pay?  If not, you owe the prorated amount.  

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  • Anonymous
    7 months ago

    That's more then fair your possessions were there and you had the keys. You are lucky he's not charging you for the whole month of November.

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  • 7 months ago

    no where did the LL say he didn't care, you still had the apartment through the 11th, therefore you owe. if you only wanted to pay through the 7th, it needed to be clean by the 7th.

    the fact that you were there from the 8th-11th means it was not ready for the next tenant..

    they shouldn't have had to 'do anything' before putting it up for rent.SMH: YES YOU DID HAVE POSSESSION.  YOU WERE THERE THROUGH THE 11th...you can argue the 12th.

    LL didn't say you WOULDN'T be charged....

  • 7 months ago

    The landlord is not being unfair.

    1. you had possession of the unit until Nov 12, why wouldn't you pay until the 12th?

    2. you are fortunate that the landlord did not charge you the full month of rent, because that would have been legal in most areas.  If you are there one day, you pay the full month.

    3. not that it has anything to do with how long you pay rent for, the landlord may have put the unit up for rent immediately, that has nothing to do with when it was available for the next occupancy. 

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