If my tenant voluntarily checks out of my rental house3 weeks prior to the end of her lease, can I move another tenant in for those last 2 weeks?

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If my tenant voluntarily checks out of my rental house3 weeks prior to the end of her lease, can I move another tenant in for those last 2 weeks?

We have no verbal or written agreement with the first tenant to pro-rate those last 2 weeks. Can I collect rent from the new tenant for those 2 weeks at the beginning of his new yearly lease?

Asked on August 9, 2011 Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your prior tenant ups and vacates the rented unit three weeks prior to the end of  his or her lease and it is quite clear that this tenant has vacated, you should do the dollowing:

1. send a letter to the former tenant confirming that the tenant has in fact vacated the unit early and that you are now attempting to rent out the unit now;

2. that a new tenant can possibly take possession of the unit during the period of time that the former tenant still had remaining on the lease. Keep a copy of the letter for future reference.

Answer: If your prior tenant vacates the rented unit, you can lease it out to another tenant. However, the period that the new tenant occupies the unit that was for the time of the former tenant needs to be refunded by you to the tenant who vacated early.


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