Legal Question in Landlord & Tenant Law in North Carolina

Lease Breaking Rights

I gave a 60 day notice to vacate effective 7/01/06. I paid rent through August 31 (plus all of the lease breaking fees) and was told that they were not 'legally' allowed to show or rent my apartment until 9/01/06. I have since discovered that a new tenant had moved in to my apartment in or around 8/18/06. Is it legal for them to rent out this apartment while I am still paying rent (note: my keys were turned in on 7/24/06 for my convenience)? If not, am I entitled to a refund for any portion of the rent for the month of August?


Asked on 8/25/06, 8:57 pm

2 Answers from Attorneys
David Anderson Anderson Business Law LLC

Re: Lease Breaking Rights

How do you know what arrangement the new tenant had? Have you seen checks or reciepts or the new lease?

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Answered on 8/25/06, 9:08 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Lease Breaking Rights

If the new tenant is fulfilling your rental obligations in full, and the landlord is not suffering a loss due to the new tenancy, then the landlord has no right to be collecting rent from both of you, generally speaking. If you would like prompt, affordable legal assistance in this mattter, contact us directly for a free phone consultation.

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Answered on 8/26/06, 1:05 am


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