Legal Question in Appeals and Writs in Alaska

I give my 30 day notice to my landlord and pay her on the 1st of the month. So we found a apparment early and move out on the 10 after i clean and wash the carpets. I didn't give her the key yet. So she decided to rented on the 19 to another person with out letting me know and use her landlord keys to enter the apparment . Do i have the right to get half of the rent money


Asked on 12/23/15, 12:47 am

1 Answer from Attorneys

Terrence Thorgaard Thorgaard Law Firm

You gave her a 30-day notice on Dec. 1 and moved out on December 10th? You say she rented it out on December 19th? When did the new tenant move in? If it was December 19, the best you could ask for would be (31-19 =) 11 days divided by 31 days: roughly 1/3 of December's rent.

Assuming you were on a month-to-month tenancy, you were obligated to pay for the full month. So you would not have a right to any portion of December's rent. However the landlord has a duty to mitigate, and if she was able to any rent collected for part of December would be on your account. You need to find out how much was paid for any part of December, and ask for that.

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Answered on 1/02/16, 9:00 pm


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