Can a landlord double dip on rent?

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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

Answers:

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

Answered 8 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.


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