Can a landlord charge us rent if new tenants had moved in and were living in the residence at the time?

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Can a landlord charge us rent if new tenants had moved in and were living in the residence at the time?

After our lease expired we verbally agreed to a month-to-month lease and gave proper advance notice before leaving. We moved out 2 weeks earlier than the date provided and a new tenant moved in before our lease expiration date. Can our landlord charge us for that time when another paying tenant was residing in the home? Also, she deducted money from the deposit for a repair made during two months before we moved out (our fault). She never told us she was going to charge us and has not provided us with a receipt. Do we need to pay for the repair?

Asked on January 31, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you moved out two weeks early from your former rental but paid for those two weeks but the former landlord had new tenants in possession for this time period, you are entitled to a rental refund from the landlord. In essence the landlord is getting double rent for this two week period which is not fair to you since you paid for this time period.

As to the repair that you former landlord debited from your security deposit before you moved out, unless you agreed to that repair coming from your security deposit, you are entitled to the refund of the full security deposit within 21 to 45 days of move out depending upon the state you reside in and if you do not get the full amount, you at the least should have received the receipt for the charge and any unused security deposit in this 21 to 45 day time period.

Whether you are obligated for this repair that the landlord used your security deposit for depends upon whether or not you are legally responsible for the damage causing the repair to be made.


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