If you move out mid-month but paid for the full 30 days, what is a tenant’s right to access their unit until the end of the month?

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If you move out mid-month but paid for the full 30 days, what is a tenant’s right to access their unit until the end of the month?

We gave notice to our landlord we were moving. In a conversation via email we mentioned were we moving on the 20th of last month even though we paid for the entire month. We assumed that we had access to the unit until the end of the month since the rent was paid. The landlord made no mention that he was logging this as our move out date. We returned on the 28th to clean and get the last of our items buthe had already let new tenants take possession. We did not get the time to clean and now we are being charged hundreds of dollars and feel this is not fair. We never received notification that this was his intention and we did not turn utilities off until the 29th.

Asked on September 29, 2011 under Real Estate Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you gave written notice that you were moving out by a certain date and paid for rent through that date, you are entitled to access your rental through the last date paid for it. If your landlord jumped the gun and rented out the unit too early, you should not be penalized for this.

Meaning, if you had paid through the end of September 2011, your last day to occupy the unit would have been September 30, 2011. If your landlord ended up renting out the unit before September 30, 2011 where the new tenants moved in before the end of the month, you should not be assessed any cleaning charges. Most importantly, you should be entitled to a rental rebate becose your landlord was receiving double rent for a certain period of time for the last month.


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