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Updated over 14 years ago on . Most recent reply

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Roger Mathew
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Lease Ending

Roger Mathew
Posted

Hi everyone, I am new to this forum and would like to say Hi!
I also have a question. I rented this town house in Chicago for 13 months. My job is transferring me to India permanently in September. My lease is also up in September. We paid rent every month diligently and had good relations with our landlord.
Here is the problem. I have to report to my new job on September 18 and my lease is good until September 30.
I asked my landlord following two questions.
1. Can I use my deposit as last months rent? This is because I am moving out of the country and do not have a forwarding address. Also, do not have a bank account local where my deposit can be sent. He said, No.
2. I asked if he could do a walk through on 17 or 18 before I leave so he can be sure that the house is in order. I also offered to present all utility bills paid up to September 30 so he will not have any issues. He said he will not walk through until end of September and refuses to take possession on September 18.
I would not be asking this unless I had to leave the country but this guy is not willing to work with us. Am I being unreasonable?
What is my best course of action? If I just leave and don't pay September rent he can sue me in my absence. If I pay him the rent there is no guarantee he will give me my security deposit back. Even if he does send me a check to India I can not cash it.
Please advice. I would greatly appreciate it.
BTW, I don't have anyone here to do this on my behalf and deal with this guy.
Best regards,

Most Popular Reply

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Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
14,127
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22,059
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Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
ModeratorReplied

My lease says you get your deposit back within 30 days of the end of the lease. I certainly never give back the deposit at a walkthrough because I don't know what I might find once you're out.

If I was your landlord, I would accept the last month's rent on the first. I'd do the walkthrough with you before you left, and accept the keys. That would start the 30 day clock. I'd ask for an address where I could send the deposit. If there were any issues, I'd point those out to you. I'd make notes to myself about what I saw.

Taking the keys wouldn't end your obligation. You would owe rent and utilities until the end of the month.

I would start trying to rent the place right away. I actually start trying to re-rent a place as soon as the tenant gives notice. If I were able to get someone in there before the end of the month, I'd give you a credit for the rent and utilities. I'd verify with the utility companies that all the bills were paid.

Once I had a final accounting of any charges (repairs to damages, cleaning, utilities, rent or utility credits, etc), but before the 30 days was up, I'd send you a letter with an accounting of the credits and charges. If you were due money, I'd include a check. If I were due money, I'd include a request for the amount with a deadline.

If you're wanting to get a check for the deposit at the time of the walk through, I would refuse, too. That's too soon.

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