If our rent is paid through the end of the month and it’s the 15th, can our landlord limit our access to the house?

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If our rent is paid through the end of the month and it’s the 15th, can our landlord limit our access to the house?

When we gave notice, our landlord offered to pro-rate our rent if we could vacate early. Which we did. And now that we’re out of the house, they’re saying that they can’t pro-rate after all. Is this legal? Second question, they identified things that they want us to clean before refunding the deposit, but the wife is scheduling workers, effectively limiting access to the house. Our belongings are mostly out of the house, but it seems unfair to (a) charge through the end of the month and limit access, (b) limit access in a manner that hinders our ability to address their noted concerns.

Asked on August 16, 2011 Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your accounting of the goings on and your statements as to the issues involved sound reasonable and quite well put.  If you have paid trough the end of the month and the landlord does not intend to pro rate the rent as originally agreed then you are entitled to as much access as you wish.  Second, most states only require that an apartment be "broom clean" when they leave.  You need not scrub anything white, as they say, unless say you got it unusually dirty.  Tell you landlord that you do not want workers in the house until you have completely vacated the apartment and you have yet to do so.  additionally, make sure that you do a walk through with them prior to turning over the keys and have them sign something that says that everything was ok.  If they refuse to comply take them to court.  Good luck.


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