Can an apartment complex charge me rent for an apartment and at the same time rent it to some one else?

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Can an apartment complex charge me rent for an apartment and at the same time rent it to some one else?

I rented an apartment 9 months ago with a year lease. I moved schools and had to relocate with 6 months left on my lease. They told me I had to pay for 3 more months or they would turn me in to a collection agency and I would have to go to court. When I went to turn my water off the last month (which I had alread paid rent for), they had already rented the apartment to someone else.

Asked on August 12, 2012 under Real Estate Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, once the unit has been rented to someone else, you may not be charged rent for it. Example: you break a lease with 3 months left. It is rented after 2 of those months. You may only be charged 2 months rent for the breach, since they are getting the 3rd month from their new renter. (If the new renter is paying less than you had been, they could seek the difference, however; say that for the third month, the new renter is paying $100 less per  month--they could seek that $100 from you, in addition to your full rent for the two prior months.)


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