Can an apartment complex charge past due rent if you have moved out of the apartment and they have rented it to someone else?

My roommate moved out early which forced me to move out before the lease ended because I could not afford the rent myself but they rented the apartment to someone to someone else within 1 to 2 months.

Asked on September 23, 2012 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

They cannot charge rent after they re-rented it, unless they re-rented for less than the rent you'd been paying; in that case, they can charge you the difference in the rent. They may seek to recover any rent you had owed them (i.e. any unpaid rent) prior to the re-rental.

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