Can my ex-landlord getrent from me for the remaining term of my lease if he has already rented my unit and has tenants living there?

UPDATED: Jun 17, 2011

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Can my ex-landlord getrent from me for the remaining term of my lease if he has already rented my unit and has tenants living there?

Left my lease 2 months early, thought I was leaving at lease expiration. Sent notice to vacate 2 months ago (at the beginning of the month), switched utilities to property management’s name, and turned in my keys at the end of last month. Left apartment as stated in the notice to vacate. Never received any correspondence from property management. Now I have received an email that my lease actually terminates the end of next month both this month’s and next month’s rent. However, as of the foirst of this month there are new tenants living in my “old” apartment. Can they double dip like this? What legal action can I take?

Asked on June 17, 2011 under Real Estate Law, Missouri


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

So what you are saying is that you did not know when the lease was up?  Did yo not have a copy?  And what was the notice to vacate for? Non-payment? Too many little details are left out of this to give any true guidance but I will try and help with some of it.  I am unsure what legal action you think that you are entitled to take but rather you can defend yourself in an action brought by them against you for the rent. If they served you with a notice to vacate then you did as they asked. And yes,the court should indeed consider the fact that the apartment was rented without skipping a beat and that there was no loss of income to them.  The courts do not generally like "unjust enrichment" and that is the term that you will use.  If they sue you get some help.  For now, sit tight.  Good luck.     

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