I have a problem in that I have been building a new home and have been renting until closure. The present domicile that I have been renting has been since 04/1/98. The lease expired in 99 and I have maintained month-to-month since. I posted a notice (letter) to the landlord 09/26/01 that we would vacate between 5-10 Nov, depending on the final inspection and closure dates of the house under construction. When we rented we paid last months rent plus deposit. The landlord has demanded a full months rent for the month of November even though we have now established that it will be vacant on the 8th of November. I offered to prorate our time to that date, however he still wants the whole amount. This perplexes me as we paid the last months rent up front. What complicates it more is the fact that I need the funds for the new home closure. Does anyone have any suggestions? Thanks in advance!

This is another situation where the landlord has SPENT your last months rent and deposit, instead of putting it in a seperate bank account.

So of course he will want his Novemeber's rent money.

Then of course you will have to sue him in small claims court for your deposit since he will convienently, find just enough damage you did************** not to pay you a dime.

And another problem here...
Can you read the RED text at the top of the screen?
You will need to read the L/T laws in your STATE (hint-hint!).

The state is Indiana.

You have two separate (but related) issues in front of you.

1) Rent:
The landlord is expecting you to pay the full November rent when you will only be there for a part of the month. You are currently on a 'month-to-month' tenancy. You have given notice on 9/26 of your intention to terminate your tenancy (AND the lease) effective ?? day in November. First, due to your written notice and the fact that it is now too late to give an 'accurate' 30 day notice, you really need to accept that your last day is 11/10. Barring any provision in your lease that your lease must terminate on a full month, THAT date (11/10) is the termination day of your lease and you are NOT responsible for any rent after that date. Since you have already paid 'last month' (with your deposit), you owe nothing for the month of November and the landlord will owe you a pro-rated refund for the unused days.

2) Deposit and Last month rent:
Last months rent was noted above (landlord will owe YOU for unused rent past your 'termination' date of 11/10. As for security deposit, the Indiana laws apply here. The applicable statute is IC32-7-5, "Security Deposits" which can be found at: [url]http://www.state.in.us/legislative/ic/code/title32/ar7/ch5.html[/url]

Take particular notice of:
"IC 32-7-5-12
(a) Upon termination of a rental agreement, all of the security deposit held by the landlord shall be returned to the tenant, except for any amount applied to:
(1) the payment of accrued rent;
(2) the amount of damages that the landlord has or will reasonably suffer by reason of the tenant's noncompliance with law or the rental agreement; and
(3) unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement;
all as itemized by the landlord in a written notice delivered to the tenant together with the amount due within forty-five (45) days after termination of the rental agreement and delivery of possession. The landlord is not liable under this chapter until supplied by the tenant in writing with a mailing address to which to deliver the notice and amount prescribed by this subsection. Unless otherwise agreed, the tenant is not entitled to apply a security deposit to
rent.
(b) If the landlord fails to comply with subsection (a), the tenant may recover all of the security deposit due the tenant and reasonable attorney's fees.
(c) This section does not preclude the landlord or tenant from recovering other damages to which either is entitled.
(d) The owner of the dwelling unit at the time of the termination of the rental agreement is bound by this section."

AND

"IC 32-7-5-13
A security deposit may be used only for the following purposes:
(1) To reimburse the landlord for actual damages to the rental unit or any ancillary facility that are not the result of ordinary wear and tear expected in the normal course of habitation of a dwelling.
(2) To pay the landlord for all rent in arrearage under the rental agreement, and rent due for premature termination of the rental agreement by the tenant.
(3) To pay for the last payment period of a residential rental agreement where there is a written agreement between the landlord and the tenant that stipulates the security deposit will serve as the last payment of rent due.
(4) To reimburse the landlord for utility or sewer charges paid by the landlord that:
(A) are the obligation of the tenant under the rental agreement; and
(B) are unpaid by the tenant."

Finally, based on the landlords current posture, you can pretty much count on that he is going to try to keep every nickle of your money, so when you move out, make sure that everything is clean and repaired. TAKE LOTS of pictures or, preferable, videotape EVERY room, wall, window, door, carpet, floor, etc. with the day/time turned on. Include a 'walking' status report as your go from room to room. Be FULLY prepared to have to go to court for YOUR money. DOCUMENT everything.
And, hopefully, get the landlord to do an inspection with you a day or two early and get his written release of condition.

Good luck and let us know how you do...

Many thanks Halket. I will keep you posted on what transpires. The real kicker to this incident was the fact he kept on ranting about needing to pay his taxes and he needed the money. Thanks again!

Landlord outsmarted himself. LMR is deemed to be the payment of the rent for the last month - purchasing it on lay-a-way if you will. Don't pay Nov rent and if you have in fact overpaid your LMR because you are moving 11/8 - those monies (the balance of the pre-paid rent) is due on the day you move out and are not subject to any time limit as is the return of your deposit.

This should put you on alert that landlord is having money problems and you may have to chase him for your deposit....

UH i waz rite!!!!
The landlord does NOT have the last months rent and security deposit in a seperate bank account...
He Spent it already....
or he wouldn't be so worried!

Uh-oh!!! I was afraid that 'happyroach' would find this one.
His presence brings the Intelligent Quotient of this entire thread into the negative numbers!