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Can landlord keep rent paid if one tenant terminates the lease early and another tenant moves in?

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  • 8 years ago
    Favorite Answer

    More info, please. I'm not sure if you mean past rent paid, or if the rent was paid ahead. You can't keep making them pay rent on a place that's been re-rented, and if they paid ahead you have to return that, along with security, especially if they broke the lease with your knowledge and consent. You may be able to keep rent for the length of time it took to get it re-rented, but you really need the advice of a lawyer, if you don't want to find yourself hauled in front of a small claims judge and being forced to pay triple damages

  • Donald
    Lv 7
    8 years ago

    Good answer from Guess Who.

    Partly, it depends on the lease and the penalty for early termination.

    Let's take the first tenant first. The first tenant agreed to pay rent through the end of the lease. So the money is owed not only for the month of termination, but all the way through to the lease end--which could be months away.

    Second, the first tenant often has a provision in the lease (which is why it's important to read the lease) providing for a penalty for early termination, specification that the security deposit can be used BY THE LANDLORD for unpaid rent, or both.

    On the other hand, courts generally frown upon a landlord who collects rent from two people simultaneously.

    So, I'm guessing the first tenant terminated early and the second tenant moved in. What's owed? There are two parts to the answer:

    First part: The first tenant owes for the entire time the property was empty. Courts will sometimes limit this to, say, three months. But if the lease runs until June, the first tenant moves out in February, and the property remains unrented, the first tenant owes up until it's rented again. That obligation stops when the second tenant moves in.

    Second part: There may be a penalty for early termination. The penalty isn't rent. It's a penalty--a punishment--for breaking the lease. If that's specified in the lease, the landlord can assess the penalty and keep the money even though the property gets rented out again.

    Further, of course, the security deposit can be used by the landlord not only for the penalty but for other legitimate security-related issues.

    Hope that helps.

  • Ti
    Lv 7
    8 years ago

    Read your lease. You owe rent for the duration of your lease unless otherwise stated.

    If you break your lease and another tenant moves in before your lease has expired, then you don't owe rent from the date that the new tenant moved in.

    In other words, the landlord cannot simultaneously collect rent from two different parties for the same rental unit.

  • 8 years ago

    LL cannot collect double rent. If the "rent" was a penalty for termination of lease, then yes.

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  • 8 years ago

    Your questions are not making any sense.

    Any of them.

    Are you even renting? I doubt you are a buyer/ owner like you state.

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