Although keys are probably the most significant symbol of giving back possession of a rental unit, a landlord’s receipt of the keys is not a necessary act in order for the landlord to take possession of the unit. Once it is clear from all of the circumstances that the tenant has vacated, the landlord can take over possession, even without keys. The 21 days to account for the use of the deposit begins at the time the landlord takes possession. A judge could also rule that the 21 days began when the landlord should have known that he/she could have taken over possession if the landlord was not diligent in doing so. Likewise, if the tenant’s notice of termination has not expired or if the tenant has paid rent that extends beyond the date the tenant vacated, does not in of itself, preclude a landlord from taking possession of the unit if other factors make it clear that the tenant has vacated, such as a written statement from the tenant to the landlord that they have moved out. If it is unclear whether or not the tenant vacated the unit, the landlord may charge rent up to the time that it was deemed reasonable to believe that the tenant vacated the premises.