walk out of apartment lease

Happy new Year every one.
My rental lease ended on septmeber 2011, I give the land lord notice that I’ll leave january 15, 2012.
I give him one month deposit and I give him last check of $400.00 he wants to charge me $50.0 and $5/day late fees, because according to him i should give him the amount of $447.58. can he charge me $50.00 for the $47.58 difference in the rent?
I want to do the walk out and give him the keys on Friday january 13, 2012, and he sad no because my notice end on the sunday 15, at 1130 pm, and he wants me to do the walk out at 7 pm. can he do that to me?
can I get a real state agent to do the walk out with him? because I want to leave the town on friday? and because I don’t trust him any more?
please advise me what the best way to deal with him.
I leave in los angeles, california.

Moved to In My Humble Opinion from Great Debates.

Is $447.58 your normal monthly rent, or the rent calculated if you left on the 15th? Your story is a bit hard to follow. I can picture him wanting to charge you rent up to the 15th, since that’s when you said you were leaving, but I don’t know why, if you paid to the 15th, he’d care if you physically left earlier.

If you’re trying to save a few bucks by not paying for those last two days, then yeah, I can see that being a problem.

I can’t make heads or tails out of your post. But the truth is the same: it is not worth your landlord’s time or effort to go after you. If you just disappear, he’ll pocket your deposit and re-rent the property. That’s what deposits are all about. The dirty little secret is that leases are not worth the paper they are printed on.

I’d guess that the normal monthly rent is $925. $925 * 15/31 = $447.58.

If this is the case, then the landlord is correct, and I don’t know why lailarager only paid $400.

ETA: The landlord should be able to do an earlier walkout, though, unless he has some reason he can’t make it then.

The “late fees” still baffle me. Was the OP renting an apartment from BlockBuster?

yes the rent is $925, I send him $400, because he still have a deposit of $925.
Moving out days before the end of the notice it’s not about money for me. I told him that the rent will be paid in full until the 15, is because I didn’t allow him to do the work and construction he want to do to prepare the place for the next tenant. I lived here with no kitchen, and now he want to install the stove to make the place a real studio.
this a single family house he turned into 3 units, 2 studios and one bedroom unit.
thanks for your time and advise, I appreciate.

Did you verbally negotiate a month-to-month arrangement with the landlord when the lease expired? If not, he most likely can’t charge you a late fee until January 12 or so, when you are no longer “current” on your rent on a per diem basis.

I don’t really see any basis for you to avoid paying the additional $47ish at some point, though.

There’s no particular reason you have to do a walk through with him, though your state law likely provides for it to be done at a “reasonable time” (ie., during business hours).

The easiest way to handle that is clearly going to be negotiation: tell him you’ll do it at 7, but only if he agrees to do it on the 13th. Alternatively, he can return your security deposit in full.

When exactly did you give him notice that you were moving out?

You absolutely cannot use the deposit for any portion of rent. There are very clear laws stating this. You owe him half the month’s rent, and you’ll get your deposit back later.

Why $400? Why not $447.58? I believe that’s why he’s charging you a late fee.

the lease ended on September, and we didn’t talk about it at all after that.
is business hours mains Monday through Friday?
I don’t want to walk out without him inspecting the place, because he may do some damaged and say that I did it. he is a big layer, and trash person,
I live in Los Angeles California. I give him notice december 16, 2011.
thanks every one for your time and suport:)

As rachelellogram said the deposit is totally seperate from what you woe on the move-out. The deposit is there to cover damages, not rent.

That said in your situation (if I read it right) I would do what I can to be there for the move out walk-through. I have just got a bill for the last place I left. It was not in move in shape but it was cleaned very well. Keep in mind that most lease agreements have a “normal” wear and tear thingy, that is where they try and screw you over. If you have been living there for over a year then you shouldn’t have to pay for rug cleaning, or painting. Normal patching of walls from tacks and small nails also fall into this category, you can spackle them with toothpaste so it looks not as bad as they are if you have a lot.

From my very extensive renting history I can say this one fact. If you don’t rent directly from the owner, you are probably going to have to fight to get your money back.

Based on all of the above posts, my suggestion to the OP is to just pay the $55 that the landlord wants. Not worth the hassle for the few bucks. You can move out earlier than the 15th, but you should be represented at the final walk-through if you can’t make it. Be sure to take your own pictures of the apartment in case of any disputes later. For sure, clean the place up as best you can before leaving. Your landlord must return the $925 to you within 21 days after your last rental date or document any deductions. One of the things he can deduct is unpaid rental. So if you don’t pay the $55 now he’ll take it later anyway. Yes, I know you really owe him $52.58 ($47.58 + $5.00), but it’s not worth the effort to dispute the trivial amount. I’ve been both a renter and landlord (in California) and have been through these types of situations many times.

That depends. A deposit in the amount of the last month’s rent (which this is) is presumptively to cover unpaid rent.

I give him a check with $47.58 a soon as he notified me about it. but he still trying to give me hard time with the final move out.