Can a landlord collect rent from us fora full month, and then collect rent from the new tenants for half of the same month?
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Can a landlord collect rent from us fora full month, and then collect rent from the new tenants for half of the same month?
4 months ago we said via email we could extend our lease until the end of next month with a new contract. No new contract was provided. So 2 months ago, we told landlord we had to move. We opened our home 4 days a week to show to prospective tenants and he placed an ad for new renters. We moved around the middle of last month and new renters moved in a couple of days later.When we found this out, we asked landlord for the return of the partial month’s rent along with our deposit. He lied and said no new tenants were there. We threatened small claims. He sent us a bill for last month, this month and the month after (what would have been the remaining month on our lease). Can he bill us even though he signed new tenants?
Asked on July 21, 2011 Utah
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The issue is not whether the landlord has a lease with new tenants, but specifically if he has a lease with the new tenants when did they actually take possession of your former rental to start the rental period running for them and when did you vacate?
If the landlord allowed you to end your lease on a certain date under the lease, you paid rent through that date but moved out a few days before the date you paid rent through and the new renters moved in and occupied your former rental on days you paid for, the landlord is obligated to return a portion of your paid rent.
Under the above situation he or she is getting double rent for the same unit from two diffrent tenants. You are entitled to a refund even if the landlord sends you a bill.
Good luck.
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