End of Lease Questions

[Warren Lance Barber]

State: North Carolina

I have a tenant that just moved out ending a year long fixed lease. The lease itself ended 8/31. The tenant called me 7/29 to tell me he put an offer on a house and was hoping to close during the end of August with no specific date given. I sent him move out documents days after that, including an intent to vacate letter. I received that letter back on 8/16, two weeks prior to his moving out. By law, I am supposed to receive written notice 30 days prior to him moving, which is also specified in the lease. Legally he owes me for 16 days of rent in September to make up the balance of the 30 days.

For me, since he has been a great tenant, the verbal notice was good enough and I do not intend to seek additional rent. However, as I prepare to send the settlement statement to the tenant, I wonder if I should put the extra 16 days rent charge in. The reason is, if I am going to charge anything, it has to be in that settlement statement which is due within 30 days of move out. He is already giving me trouble over an estimate I have shown him for damages to my hardwood floors caused by dogs and furniture moving. I have three separate estimates coming in at $1400 to refinish. I would like to use the additional month's rent as leverage against going to small claims court. In other words, I won't sue him for damages *plus* rent if he will pay my totally valid and reasonable damage charges. Does this sound reasonable and ethical? I think it is, but I find it best to run these things by others. Again, my only interest is in recouping the damage to the property and at the same time not having to go to court to do so.

One other problem. He still has not returned my keys! He is supposed to mail them to me this week. I specified in the move-out letter that keys would be turned in during the final walk-through. He could not be available for the final walk-through. I offered him another opportunity to meet me at the house and he could not make that, either. So, I have provided the opportunity. Legally, is he still a holdover tenant? It is my understanding possession of the property has not been returned until the keys have.

Thank you for any responses.

[Jon Holdman]

Do both your lease and the applicable law state 30 days written notification is required? Or, does either of them state or imply verbal notification is adequate? Do you have any information from other local landlords about whether or not this extra rent will hold up in court? Did you tell him "OK fine" or anything like that when he called and told you he was leaving at the end of August? Or did you say "30 written notice is required"?

As far as the damages to the floor and the keys, send him a written summary of the accounting of his security deposit. That should show the deposit, the floor damages and a charge for the locks since they're unusable without keys. I'd say your on firm ground on the floors if you have actual estimates. The question here would be do you have to actually do the work before you can charge them or are the estimates good enough? The lock is a little shakier since I assume you will change the locks and you do have a set of keys for the ones you take off. So, you could at least charge to make the keys to replace the ones he kept.

You can keep whatever part of his deposit you can account for. If he owes you more than that, you'll have to request that from him. Good luck getting it. If he doesn't pay willingly, you'll have to go to small claims court. Even then, you'll only get a judgment, which doesn't translate into payment.