Can a landlord rent a property we have moved out of but have paid the remaining months rent left on the lease agreement?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a landlord rent a property we have moved out of but have paid the remaining months rent left on the lease agreement?

We moved out on the 1st but paid rent for this month and left the deposit for next month’s rent which was the last month of the lease. The landlord has new tenants in the rental property. Are we able to receive pro-rated rent?

Asked on January 23, 2012 under Real Estate Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your landlord spent money in re-letting the premises, then that will be deducted. If the new tenant could not move in until now, then that is not your money owed to you anymore. If you feel the landlord mitigated his damages and you are still owed money, you can certainly approach your landlord verbally and then follow up with a certified letter. If it doesn't work, sue your landlord in court for reimbursement. I am not entirely sure you will be successful, but keep in mind that you will have to absorb court costs if you do not prevail.


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