What too do if I moved out before lease was up and now the landlord is collecting double rent?

My son bought a house and moved out of his apartment 2 months before the lease was up. They told him if they rented the apartmentt, he would not have to pay the rent. He found out that the apt he lived in has been rented. He spoke to the people who moved in his old apartment. The landlords are still collecting rent from my son. Can he get back the money he has already paid them. The landlord has been collecting double rent.

Asked on July 12, 2012 under Real Estate Law, Nebraska


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, if your son moved out before the end of the term of his lease was up, he is contractually obligated to pay the balance of the months subject to the landlord getting a replacement tenant.

Since the landlord obtained a replacement tenant and assuming that rent for the new person is equal to or greater than what your son was paying monthly, his obligations to pay rent ends. If the landlord is getting a windfall on double rent, then the landlord needs to refund to your son rent that he paid when the other tenant was occupying the premises.

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