Rent prorate from new roommate to old roommate

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Rent prorate from new roommate to old roommate

I lived in a townhouse with 3 roommates. I gave a 60 day notice that I would be out by 5/31. I paid rent for all of May to the Property Management Co. I moved my furniture out 5/15. The next week, I cleaned the room and painted for next tenant and was totally out by 5/22. The new roommate/tenant moved in 5/24 with out my permission and the other roommates say its my fault for moving out early and I should not receive the 8 days of prorated rent from the new roommate. Am I entitled to the 8 days of rent or is it my loss for moving out early and prepping the room for the new tenant? Thank You!

Asked on July 1, 2009 under Real Estate Law, California

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the new roommate paid rent from the time of move-in (5/24) through 5/31, then you are entitled to the prorated rent during the time that the new tenant paid rent. A landlord can't collect rent from a former tenant and a new tenant at the same time for the same room (collecting double rent).


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