Is it legal for a landlord to keep accepting your rent money if you move out and they lease the apartment to someone else?

I moved out 3 months early. They re leased my apt 2 weeks after I moved out. I paid all 3 months I wasn’t there. I did not receive my deposit back. The lady said it was because I broke my lease. I do not have all my money order receipts for rent but I do have the last which she wrote on there no balance due.

Asked on October 17, 2011 under Real Estate Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

When you moved out early, your obligation to pay rent ended when the apartment was re-rented.  Since the apartment was re-rented two weeks after you moved out, you would have only owed rent for that two week period.  You could sue the landlord to recover the overpayment of rent you made for the remaining 2 1/2 months.

Since you continued paying rent after moving out, the landlord is not justified in claiming to retain the entire security deposit to cover unpaid rent due to breaking the lease since there wasn't any unpaid rent and in fact an overpayment of rent occurred for the period after the apartment was re-rented.

 


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