Landlord using apartment before end of lease

My daughter had a 2 year month to month lease in Providence, Rhode Island. The last day of May of 2009 was the last day of the lease and we had notified the landlord two months prior that we would not be renewing the lease in June.

We started moving her out of the apartment on May 23rd and when we came back to try and finish moving her out on the 26th the landlord had already hired contractors to paint the apartment and do a number of other jobs and they were in the apartment doing the work.

I contact the landlord and, long story short, told him I expected to be compensated for 5 days of rent as he started to "use" the apartment while it was still under lease to us: we were not contacted by him beforehand about this and we did not give permission for him to do this.

In addition he did not return the security deposit to us within 20 days (which was stipulated in the lease as long as he had the keys, we had vacated, and he had an address to contact us: all of which had been done).

He recently sent us the security deposit after 30 days (there were no damages or deductions for other than normal wear and tear) but only after me contacting him directly and his management office a total of 5 times over the phone: all after the 20 day limit: but it did not pay those 5 extra days.

It appears to me that he violated 2 conditions of the lease (using it while we were in good standing and paying for the apartment - and not returning the security deposit in a timely fashion as stipulated in the lease).

What can I do?

It is true he is supposed to wait until you are out 100% and the lease is ended.

You might prevail in small claims court if you really were damaged--if you intended to be there e.g.??

No, I wasn't really "damaged." We needed to get moved out because our daughter was moving to another city.

It's just wrong and it bugs me.

I probably won't go to small claims court to resolve it as we're talking about $100 and my time and effort isn't really worth it to go. It just seems like the bully wins.

Thanks for the reply.

[Texas foreclosures]

Actually. you were damaged by the number of days that they took possession of the apartment when you had paid for it. I'm a big fan of small claims suits in this type of case. It's all about 'playing fair' - the apartment was yours until the final day.