Can a landlord double dip on rent?

UPDATED: May 30, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 30, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a landlord double dip on rent?

I’m relocating for a job out of state and so had break my lease 8 months early. I’ve been living at this location for the past 16 months and have always paid my monthly rent on time and maintained the property well. My landlord is now saying that I am obligated to pay the remainder of my lease term ($11,200). Within 7 days of my notice to vacate, the unit was Re-rented for a higher monthly rent by someone Ive found. Can she double dip and collect rent from me and the new renter? The new renter has also paid the annual amount up front ($18,000).

Asked on May 30, 2012 under Real Estate Law, New York


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

Answered 10 years ago | Contributor

The landlord cannot double dip by collecting rent from you and the new tenant.  Once the place was re-rented, your obligation to pay rent ended.  You do not owe rent for those remaining months of your lease.  If the place had not been re-rented, you would have remained liable for the rent for the balance of the term of your lease.  The landlord cannot allow the place to remain vacant without making reasonable efforts to find another tenant or the landlor's damages (the amount the landlord is claiming is owed) would be reduced accordingly.

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 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 lock Secured with SHA-256 Encryption