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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 10 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.     


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