Can my landlord charge me for July rent after cashing my prorated check?

Full question:

I was a tenant in Washington DC. My apartment lease had expired on March 1, 2009 so I was on a verbal month to month with the landlord this Spring. On 5/21/09 I notified the landlord I would be moving out 6/30/09. But on 6/28/09 I found out that taking occupancy at my new apartment in antother city was delayed, so on 6/28/09 I asked the landlord if I could extend a few days until 7/9/09. The Landlord really gave me a wishy washy answer (because he was trying to find a new tenant) - he didn't say yes, or no, just said 'leases revert month to month and require 30 days notice but that he hopes everything will 'work out smoothly for both of us'' which I took as a non-answer. When the landlord asked me, I also told the Landlord on 6/28/09 that someone could move into the apartment Mid-July (why would he even ask and why would I say this if I knew I was automatically responsible for July 2009 rent now, as the Landlord later maintained. On 6/28/09 I sent Landlord a check for my 9 day holdover period (and this check specifically indicated the prorated dates it was for). The Landlord cashed this check on 7/8/09, and didn't contact me to question this amount or the note on the check. I moved out as I had indicated I would on 7/9/09 and left the apartment in excellent condition. The landlord continued to contact me after I moved out with general helpful questions about the apartment condo (because he was showing it to prospective renters and buyers), but no mention of the fact I hadn't paid the entire month of July. The Landlord did rent the apartment out to a new tenant starting July 22, 2009 which I only just found out on 10/14/09. On July 24, 2009 I asked Landlord for the status of my $2,400 security deposit being returned. His reposnse to me on July 24, 2009 was that he had 45 days to get the check back to me, and 30 days if repairs have to be made! On July 24, 2009 he told me I would be responsible for July 2009 rent. The landlord never sent me any itemized list of repairs that had to be made, and as of 10/14/09 its been 97 days. I filed a small claims motion against the landlord, and the landlord is asking to settle for $1640.48 (approx $1,000 less than my claim) on the grounds I'm paying for the portion of July 2009 before his new tenant took occupancy + a 'late fee' of $75. Do I have a case to get my entire month security deposit back, or is Landlord technically allowed to charge me for July 2009 rent even though he cashed my prorated check and didn't say anything until I asked for my security deposit back weeks later? Help! Thanks

• Category: Landlord Tenant
• Subcategory: Security Deposit
• Date: 04/07/2025
• State: District of Columbia

Answer:

In Washington DC, landlords have specific obligations regarding the return of security deposits. According to the law:

1. Within forty-five days after the tenancy ends, the landlord must either:
a. Return the security deposit and any interest due, or
b. Notify the tenant in writing of the intention to withhold some or all of the deposit, along with the reasons for doing so.

2. If the landlord intends to withhold any amount, they must provide an itemized statement of repairs and costs within thirty days of notifying the tenant.

3. If the landlord fails to comply with these requirements, it can be seen as evidence that the tenant is entitled to a full refund of the deposit.

In your case, the landlord cashed your prorated check for the holdover period without questioning it, which could imply acceptance of that arrangement. Since he did not communicate any charge for July rent until after you requested your deposit, this may strengthen your position. Additionally, the landlord's failure to provide an itemized list of repairs or reasons for withholding your deposit further supports your claim for a full refund.

Regarding the prorated rent, if your lease or verbal agreement does not specify that you owe for the entire month when you only occupied part of it, you may argue that you should only pay for the days you occupied the apartment.

It’s advisable to seek legal assistance to navigate your small claims case effectively.