What to do if out landlord gave access for someone else to move into our apartment when we were still renting it?

UPDATED: Feb 23, 2012

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What to do if out landlord gave access for someone else to move into our apartment when we were still renting it?

We gave 60 days notice to move out of our apartment at the end of this month. We paid last months and this months rent on time. We have been moving things to my parents home so we could be out at on time. We went back to get more things and the landlord had unlocked the door and allowed a new tenant to move in. He cashed our rent check on the 9th and this new tenant had been in there painting for over a week. All of our belongs that were there are now gone. The landlord said it was just a misunderstanding and he will return this month’s rent and the deposit. How long do we wait for the money?

Asked on February 23, 2012 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the former landlord made a mistake about allowing the new tenant to your former rental access too early, then there was a mistake and I would accept the last month's rent and deposit and move on. Mistakes happen. The former landord is required to return the security deposit you placed within 21 to 45 days of move out depending upon state statute of where the unit is located.

I would send the former landlord a nice letter memorializing the agreement as to the money to be sent to you requesting it by a set date. Keep a copy for future need and reference.

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