Can a landlord collect rent from us fora full month, and then collect rent from the new tenants for half of the same month?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption