Can my landlord hold rent that was paid in advance?

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Can my landlord hold rent that was paid in advance?

My lease is over on the last day of next month and I plan to move. I have paid my rent for the next 6 months. I know that the landlord can hold my deposit for repairs that may need to be done to the house but can she also hold my rent that was paid in advance. I have tried researching this one on my own but I was unable to find anything about this.

Asked on July 9, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I have a hard time understanding your question. If your lease is up the end of August 2012, why did you pay rent for the six (6) months after? If your lease is truly at an end August 31, 2012 then your landlord is required to return to you within 21 to 45 days of move out the pre-paid excess rent for all time from September 1, 2012 onward.

The only exception is that if your presumed written lease did not come to an end August 31, 2012 but ran afterwards. If so, then your landlord is entitled to keep your pre-paid rent money subject to a refund pending the landlord's attempt to find a replacement tenant for you.


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