Can my landlord rent my apartment if I am still paying the rent but turned in my keys?

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Can my landlord rent my apartment if I am still paying the rent but turned in my keys?

I am a freshman in college and signed a 12 month lease. I will no longer attend school, so I turned my key in and my landlord rented my apartment out but says I am still responsible for my lease and must pay rent reach month. How can two people pay rent on the same apartment?

Asked on January 22, 2012 under Real Estate Law, Georgia

Answers:

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

Answered 9 years ago | Contributor

Your obligation to pay rent ended when the apartment was re-rented.  You can sue the landlord to recover the rent you paid after the apartment was re-rented.  If the new tenant is paying less rent than you were paying, you would remain liable for the difference in rent for the balance of the term of the lease.  However, the landlord has to mitigate (minimize) damages by having a valid reason for charging the new tenant less rent than you were paying.  For example, market conditions may be a valid reason for charging less rent to the new tenant.  If the landlord is charging the new tenant the same amount of rent you were paying, your obligation to pay rent ended when the apartment was re-rented.


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