Can my landlord sue me for 2 month's rent if she found a new tenant to move in the day after I moved out?
Question Details: I sublet an room from a woman's apartment. We mutually decided to end the lease early because neither of us were happy (I have documentation of 60 days notice and showing that she thought the idea to end the lease early was a good idea). When she didn't give me back all my security deposit I decided to sue her. Now she is counter-suing me saying I owe two months rent because I terminated the lease early. Additionally, she had a new tenant move in the day after I moved out who is paying more than I paid. Does she have any legal merit in her suit?
Real Estate Law Answers
I am a lawyer in CT and practice in this area of the law. If you gave proper notice, which it seems you did and the landlord found a new tenant in reliance on this notice, the court should order the landlord to return your deposit to you. In other words, the landlord cannot say she did not have notice because she had a new tenant in there right after you left - i.e. relied on your notice of termination. I suggest that you hire a lawyer to help your for the day in court to try this case if it does not settle before a trial.
No she cannot sue you for this. You gave proper notice. In fact, she has "mitigated" her loss by re-letting the premises; therefore she will not be allowed to, in effect, be paid rent twice. She will have to return your security deposit. However, if she is suing for damages that you did to the premises, that is a different matter. Just make sure you show up in court to present your side of the story (any proof that you have about this subsequent rental will be vital).
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