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Can landlord charge rent for remainder of lease even when new tenants have moved in?
I moved into the property in August of this year and moved out in October of this year. Before moving out, I gave the landlord 30 days notice both verbally and written. When we had moved into the property, the 2nd or 3rd night we were there we began to notice electrical problems in the home. The ceiling fans in the diningroom, livingroom, and master bedroom ALONG with the lights in each room and outside light would go off and then come back on. The 4th day, they went off, but never turned back and we also noticed the 2 front burners on the stove would spark heavily when either they were turned on themselves or any of the other 2 burners.So we called landlord who sent an electrician. The 1st time he went he didn't fix anything, he just assessed. He came back a few weeks later and "fixed" the ceiling fan issue, but couldn't figure out the stove. He left and a week passed and we hadn't heard anything back so I called the landlord to tell her the stove was sparking really bad and at that time the burners were even catching flame to the point where we couldn't use the stove and just the oven. The 3rd time we spoke to her on the issue, she became very cold and said that she "didn't have any funds due to a funeral". I explained to her that it was dangerous to live like that and that we couldn't use the stove and she said she'd see what she could do. That was the last we heard on the matter. That same week we called her, my mom had to have oxygen delivered to her. We stored the oxygen in her room out of the way and away from everything else. She went to plug in her radio and the outlet let off a huge spark at her. That was it. At that point, we had already given the landlord our 30 days notice and explained why were moving, but we ended up leaving earlier than expected because the electrical problems were becoming too much. She came to my job and yelled at me for leaving earlier and wouldn't leave and caused a scene at my job. She called my house and yelled at my mother. Now, just today, I got a certified letter from her saying that I owe her $5,000 for the remainder of my year lease with her and that she has spoken to her attorney.
She had new tenants move into the property 2 weeks after we moved and they've been there since. Can she charge me the remainder of the lease term even if I've given her our 30 days and moved and new tenants are now living there?
7 Answers
- 5 years ago
Sadly, you guys maybe screwed. Did you inspect the property earlier than signing a lease and paying the first month appoint and sec. Deposit? Your hire quite often required at the least 30 days observe, which would duvet a month. For the reason that you deserted the property previous to the end of the 30 day notice period or the top of the lease, the owner is beneath no obligation to refund you the balance of the employ paid for the month. For those who filed swimsuit in opposition to the landlord, there's an outside risk you might acquire a portion of the refund, however your authorized and filing charges would mainly exceed any healing.
- TREKLv 49 years ago
No, this is illegal. If they are collecting rent from the other people, you do not have to pay because the new lease from the new renters voids your lease. I was in this issue recently. We prepaid rent for 6 months from Dec 2011-May 2012. We had to move at the beginning of May, and told the landlord it was vacant if he wanted to start showing it, but we had no way to get our motorcycle to our new city until May 22. The house was ours and paid for, and he let new people move in, even though WE PAID and our property was still there. We won in small claims court!
- linkus86Lv 79 years ago
NO A landlord is legally not allowed to collect two rents on the same property. If you broke a lease, you automatically forfeit the security deposit and the landlord can sue you for any time the unit was not rented plus more for any damages left behind.
- JamesLv 69 years ago
It is illegal for a landlord to collect two rents for the same property.
As far as anything else you owe her, you left due to the place being unsafe for habitation. If you have any records of that (the electrical and other issues), ignore her and let her come after you.
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- Anonymous9 years ago
It depends on if it stated that specifically in your lease. If not then no unless that is state law where you are. For my tenants they are responsible the months that the house Is vacant and I as landlord must take reasonable action to fill the unit. Upon new tenants occupancy the previous tenants are relieved of there lease obligations.
Source(s): Personal experience - Mr PlacidLv 79 years ago
You owe two weeks rent. That's it, provided you were paid up until you moved out.
She told you she spoke to her attorney. Notice she didn't tell you what her attorney said. That's because her attorney said she is entitled to two weeks' rent, not $5000.
Offer her two weeks rent. If she balks, tell her to sue you.
