Is it legal for a landlord to receive double rent?

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Is it legal for a landlord to receive double rent?

We had one month left on our lease and moved out we moved on the 3rd after we’d already paid rent on the first and the landlord moved a new tenant in on the 10th. He expects us to still pay rent and not return our deposit. Is that legal?

Asked on August 25, 2012 under Real Estate Law, West Virginia

Answers:

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

Answered 8 years ago | Contributor

The landlord cannot receive double rent.  Your obligation to pay rent ended when the place was re-rented.  The security deposit is a cleaning deposit and only that portion of it necessary for cleaning and/or repairs should be retained by the landlord.  You can request an accounting from the landlord regarding your security deposit.  You can sue the landlord to recover that portion of your security deposit not used for reasonable cleaning and /or repairs.


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