Legal Question in Landlord & Tenant Law in West Virginia
Charged twice in one month for rent.
Breif summary: Landlord hasn't recieved rent ck. asks for another 1. Promises to destroy original ck once recieved. Landlord cashes 2nd ck. I lose my job, and have to move which breaks lease. Landlord waits a month & cashes 1st ck. which clearly states in memo line for which month it was for. Landlord rents apt. two days after I moved out, instructed new tenant to sign lease for a month inadvance. Question: Can I take landlord to court to recover 1st check, which was to be destroyed? Since landlord rented apt two days after I left, does that void my lease?
Thanks
1 Answer from Attorneys
Re: Charged twice in one month for rent.
You will want to contact Legal Aid or a Tenants help line in WV. Lease language controls unless it violates state law. They cannot likely rent same apt for same month without mitigating damages.
How much was left on lease?
How much was rent for?
Was there also a deposit?
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