I recently moved to a place that just wasn't right for me. I paid the first month's rent, signed a 1 year lease and moved in. A week later, I asked to be released from the lease and the landlord said only if I could get someone else to take over lease. Another week later she had it rented to someone else (they signed their own year lease) and let them begin to move in. (I had moved back out within a few days of my asking to be released from lease--moving back into the place I had originally moved from). Long story short, am I entitled, legally, to a refund of the remainder of the month's rent since my landlord allowed the new renters to move in during the month I had already paid for? She said their lease did not begin until the 1st and yet they were moving in by the 15th of the month I had paid for.
2006-11-14 00:28:32 · 9 answers · asked by JamieC 2 in Business & Finance ➔ Renting & Real Estate
Actually, he is entitled to keep the deposit and your rent. You broke the lease. As your rent was paid for the month, if he found someone to rent it as of the 1st, he can let them move in anytime if he wants. Its up to him. You are the one who broke the lease, not him. You dont explain how it wasnt "right for you", but you couldnt see that by looking at the apt? You had to move in to figure it out? Sorry, but as a landlord of 12 yrs, you wouldnt be getting anything back. It took time and money to find you, then he has to do it all over again in a week? And you want money back? Sorry, I dont think so.
2006-11-14 03:58:55 · answer #1 · answered by kimmamarie 5 · 0⤊ 1⤋
Most states have a provision in the landlord/tenant laws that prohibit the landlord from "double dipping"......If the new tenant's lease overlaps the time frame you were responsible, you can certainly demand a refund.....
You have to start the legal clock and send a formal demand letter....and then you can request a hearing on landlord violation.....then the court will decide and award the winning side a judgment....then its up to you to collect.
However, I'd say that the money involved is a small price to pay for such a gracious landlord......I
2006-11-14 02:51:21 · answer #2 · answered by Paula M 5 · 1⤊ 1⤋
The property manager can charge you rent from the day you took possession until the day the tenants took possession. However, she can not charge double rent it is illegal. I am sure the property manager charged you a reletting fee for breach of contract of your lease. We know that they didn't have to do anything for the new tenants to come in like paint, carpet, etc. So, for the first month's rent should be day on that began on the lease to the new tenants took possession. The property manager should pro-rate, subtract re-letting fee. If there is a security deposit you should get it back because that is for normal wear and tear. If you have anyquestions shoot me an e-mail at denjrealtormel@aol.com
2006-11-14 02:18:30 · answer #3 · answered by Melissa 2 · 0⤊ 1⤋
What you're entitled to would be outlined in your lease. Typically there is some kind of penalty, and usually it's pretty expensive, for breaking a lease.
2006-11-14 00:39:20 · answer #4 · answered by Christina 7 · 1⤊ 0⤋
I don't think you are entitled being that you broke the lease early. You are entitled to any security deposit back though. I would be happy she let you out of the lease. I don't know of any landlords that would do that so early in the lease.
2006-11-14 00:31:56 · answer #5 · answered by ? 5 · 0⤊ 2⤋
Nope you are not entitled to anything. That was the landlords way of getting more money I would check with the landlord and tenant act in your area to see what can be done. I wouldn't trey suing her until I know and keep all your receipts both old place new place and returning to old place just in case you need to go to small claims court.
2006-11-14 01:38:15 · answer #6 · answered by c0mplicated_s0ul 5 · 1⤊ 1⤋
No. they did not intentionally ruin the AC and that they don't look to be ignoring the region. Sorry yet that's certainly one of those unlucky issues that a guy or woman only has to stay with somewhat of attempting to locate somebody to sue.
2016-10-22 01:44:49 · answer #7 · answered by wiechmann 4 · 0⤊ 0⤋
No, I don't think you are entitled to a partial refund. Count yourself lucky that the landlord released you so easily!
2006-11-14 00:37:22 · answer #8 · answered by jadedgirl149 2 · 1⤊ 1⤋
You broke the lease, so no
2006-11-14 00:36:10 · answer #9 · answered by Anonymous · 1⤊ 0⤋