Legal Question in Landlord & Tenant Law in California

My daughter is in a apartment lease that will end August 31, 2010. Becuase of roommate problems she is paying off her lease as of June 14, 2010, the landlord is will not refund her deposit until August 31, 2010 when the roommate lease is up. She is paying july and august rent regarding the lease. My question is "When she pays for July and August, is the roommate or the landlord able to lease out her room for those months and receive payment? Is the landlord allow to get double rent on a room that has already been paid for? Does the landlord or roommate to required to reimburse any monies to my daughter if the room is rented out?


Asked on 5/14/10, 7:38 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

It depends, to a large degree how, or if, you documented the agreement with the landlord regarding your daughter's early surrender of possession. Without an agreement to the contrary, the landlord probably cannot re-let the room, and double-up on rent. For periods where he or she actually collected rent for the space, he or she would probably have to credit your daughter back the amounts actually collected. There are a lot of possible variations to this - too many to go through here, but know that regardless of whether the landlord can or cannot do this, he is very likely to do so anyway, putting your daughter in a position of having to sue to get any money back.

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Answered on 5/19/10, 11:01 am


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