Re: Legal Date of Vacancy - Landlord Forum thread 355449

Re: Legal Date of Vacancy by Anonymous on December 27, 2017 @13:40

1. was this a good tenant who left the premises in good order?
2. did you enter and inspect the premises shortly after the scheduled vacancy date ?
3. was there a writing regarding date certain vacate date?

technically I would say (imho) that the return of keys is the clear, voluntary return of possession from t to ll.

on voluntary vacates, with intent date having been documented, I announce, enter and inspect shortly after vacate date to confirm vacate and condition. I don't necessarily wait for the keys on the technical condition that I may be able to get some more possession rent out of the T.

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Re: Legal Date of Vacancy by Anonymous (PA - Pennsylvania) on December 27, 2017 @16:10	[ Reply ]

T wrote that T would move out on Oct. 31. Keys were not turn in until November 1. T is trying to get LL on 30 day PA law. Letter was sent but T claims T never received it. T sent LL an IM on Dec. 1 stating law was broken and is demanding SD. T's damages to apartment are well over $4,000. T claims it does not matter according to PA law b/c LL violated the law. According to my calculation Nov.1 (day keys were turned in) to Dec. 1 is within the 30 day period. T was immediately notified again using same communications as T and followed up with a CRRR.

Re: Legal Date of Vacancy by Garry (Iowa) on December 27, 2017 @21:12	[ Reply ]

So, which date is it------Nov. 1 or Dec. 1 that they returned the keys ?? But I guess it doesn't matter, as some Ts never return the keys. The real question is, what did YOU do on Nov.1 ? Did you go in, take pics of what you found, changed locks, and started cleanup/fixup procedures on Nov. 1 ? If you did, that constitutes possession back, and your 30 days start then. As long as you can show proof of cert. mailing by Dec. 1, your T has no case. Once you mail something, it's out of your hands as to where it goes from there. The amount of mail moving thru the system between Thanksgiving and Xmas, is 5 times as much as in any other 30 day period during the year. So it's much easier to get lost in that time frame. And a judge is not going to rule in the Ts favor, simply because you may have been 1-2 days late on your mailing. (a week late, and a judge may rule the other way) Even if a judge would rule against you on the SD, as long as you bring proof of damages greater than the SD, the judge would probably cut back your amount of damages you are seeking, by the amount of the SD, and award you an amount for the remainder. Read your state laws to see how long you have, to file a suit against the T. Then decide whether it's worth it or not. You may find that the T is "judgement proof"------meaning he has no money and no job to garnish wages.

Re: Legal Date of Vacancy by Anonymous (PA) on December 28, 2017 @07:30	[ Reply ]

I went in on Nov. 1 the day that T sent IM stating T was out and that T left keys in the apartment. Yes, pictures were taken proving damages and T was sent a letter. T claims on Dec. 1 letter was never received. I immediately answer and told T that T was not entitled to SD because of damages. I followed up the next businss day with a CRRR.