Legal Question in Real Estate Law in California
Lease Break Rights
I moved out of my apartment before my lease was up. According to the lease agreement i owe rent until someone else occupies the apartment. i paid for the entire month of october and someone had put a deposit (non-refunbable) to move in Nov. 1st. he did not move in. someone is now occupying the apartment and the landlord wants rent for the time the apartment remained empty in Nov. i feel that the money they kept from the previous ''would be tenant'' should be discounted from what i now owe for november. is it legal to collect twice for the same property in the same month? i paid for all of october and they get to keep the security deposit...that harldy seems right.
2 Answers from Attorneys
Re: Lease Break Rights
The landlord cannot collect twice. If he actually received rent (or deducted it from a deposit) you are entitled to a credit from what you owe. The landlord can, however, hold you for the cost of renting out the unit such as advertising or broker fees if any are paid.
Re: Lease Break Rights
The landlord can't collect twice, but how do you know the prospective tenant who didn't stick ever actually paid anything? Maybe the check bounced, maybe the landlord had to make a refund to him. These are possibilities you should at least consider before getting too sure you're right.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
