Q: Can a landlord claim "Lost rent for January" when we officially left the premises on Dec 31st?
Total deposit was 2685.00 (most for a pet deposit.) Landlord subtracted 380.00 for the lost rent. Charged 980 for repainting and filling holes. We asked him several times if he wanted us to have the painting and holes filled before we left. He said "no, we will do it." He didn't tell me he would charge for it. He also charged for "extra cleaning". His goal was to get a new tenant in the next day we moved out. We were there 5 years and he charged for carpet cleaning upstairs. It was time to replace the carpet and I told him that. He did not give us the 5% interest on a deposit larger than our monthly rent. I understand that is a law. After all his charges, we owe HIM $825.70.
A: Landlord can make that claim in court. The court will review the lease and facts, and determine if you are liable for the extra month rent and any damages for repair. It depends on the exact wording of the lease, if tenant was required to give notice and did it properly, etc. The court will review the lease and testimony, and decide. If landlord files a lawsuit, it becomes a permanent court record, and can make it difficult to rent from a landlord who checks. Even if landlord doesn't sue, landlord can make an adverse entry on your credit record, lowering your credit score and making it difficult to rent. Try to work it out with landlord to avoid that.
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