Can Landlord Take My Things?

[htscon2008]

If I terminate a lease early, 30 days notice, example, give 30 days notice today, move out by the 18th of October, and not pay October rent, instead let them use my security deposit for rent, which is more than enough to cover it, can they lock me out and kemp my contents for not paying October rent?

 

[Gail_in_Georgia]

No; landlords cannot do self evictions or self lock outs. Only the courts can grant an eviction.

However, it is up to the landlord...and not the tenant...as to whether the security deposit are to be used for the last months rent.

Often a landlord will not want to use the security deposit for last months rent because if the tenant leaves damage above that considered normal wear and tear, there will be no money left in the security deposit to pay for this.

What is likely to happen if you do this is that you may, eventually, find yourself in court, charged with breaking a lease early (unless you are a month to month tenant), and failure to pay rent, not only for October but for any additional months it takes the landlord to rerent your unit. If you lose this case, this information will be on your credit record.

If you must break the lease it is far better to contact the landlord and discuss whether it is possible to sublet the apartment until your lease is concluded.

Gail

 

[mamahabeeb]

How long is your lease for? If you are a month to month tenant you have to give a 30 day notice to your landlord. A security deposit is just that, security to cover any damages left to the apartment. To be on the safe side, you should pay October's rent. The landlord can hold the apartment and bill you for up to 3 months rent. The law says that 3 months is sufficient time for them to rerent the place. If your landlord decides they want to sue you, at least you have paid October's rent and he has the security deposit, and make sure you clean the apartment before you turn it over or he can sue you for damages too.