Q: If I receive a 30-day notice on 3/3, when is my last day, considering my rent is due on the 3rd of each month?
I rented a room with roommates in Knoxville on 1/3. The landlord and I had a verbal agreement for a six-month lease. I stayed at the place for 2 months until all tenants received an eviction notice on 3/3. The reason for our eviction is that he wants to raise the rent. The notice states that we are given 30 days' notice, and the last day of occupancy is 4/30.
Our conflict is that the landlord won't return my security deposit, claiming he will convert my security deposit into rent for April. However, I'll be moving out of the property on 3/30 and not planning to stay in April.
I would like clarification on the last day, considering my rent is due on the 3rd of each month, and whether he can claim April's rent, even though we agreed on the moving-out date to be 3/31.
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A:
If you received a 30-day notice on March 3rd, and your rent is due on the 3rd of each month, then typically your last day would align with the cycle of your rent period, which would end on April 2nd. However, in your case, the landlord has explicitly mentioned April 30th as the last day of occupancy in the notice. This extension beyond the usual 30-day period seems to be a specific term provided by your landlord.
Regarding your security deposit, landlords generally cannot use the security deposit to cover the last month's rent unless there is an agreement to that effect. If you have not agreed to convert your security deposit into April's rent and are planning to move out by March 31st, then the landlord’s claim to keep your security deposit for April's rent does not align with typical practices, especially if there is no damage justifying withholding the deposit.
You should document your communication with your landlord, stating your move-out date and disputing the conversion of your security deposit into rent. It's essential to review your local tenant laws or consult with a local tenants' union or legal aid office for specific advice and to ensure your rights are protected in this situation. Make sure all communication with your landlord is in writing to have a record of your interactions.
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