What are a tenant’s rights to a refund if they leave a rental early and it is leased to someone else?

UPDATED: Jun 22, 2011

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What are a tenant’s rights to a refund if they leave a rental early and it is leased to someone else?

My mother-in-law has a trailer in a campground. She paid $3,000 for the season. She has sold the trailer and the new owner was charged the same amount for the season. The owner of the campground says she is not entitled to a refund since she has been for almost 1/3 of the season. They are also charging her a 15% fee on the sale of her trailer. I feel that she should be entitled to a 2/3 refund considering they are charging 2 people for the same site.

Asked on June 22, 2011 under Real Estate Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

To answer your question, start first by looking at the rental agreement if their is a written agreement for the trailer lease in the campground. Assuming there is a written agreement, its terms may clarify the amount to be charged in the event a new person takes over the lease.

Assuming the written agreement says nothing on the subject or there is no written agreement for the trailer lease at the campground, most States have statutes or published cases holding that the amoun for the rent is what it is agreed to an if a the prior tenant pays the entire amount for the term of the lease and a new tenant takes over the lease/tenancy before its term ends and pays on the lease/tenancy, then the prior tenant is entitled to a refund in an amount for what was previously paid.

The rationale is that the landlord should not be entitled to receive more rental monies for the lease than what was originally agreed to. Hopefully this answers your question.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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