Legal Question in Landlord & Tenant Law in West Virginia

Two rent cks same month
Brief Summary:

Issued ck for $450 on Oct 1st. Oct 9th landlord calls hasnt recieved ck, would like another one issued. Promised to destroy original ck once arrived. I issued another ck for $450. 2nd ck cleared bank. I lost job & had to move, breaking lease. There was 4 mths left on lease. Moved out in Nov 1st landlord rented apt Nov 6th (but instructed new tenants to sign lease for Dec 1st.) There was a $450 damage deposit that was that was keep by landlord. Dec 2nd the first ck was cashed (which clearly stated on memo line ''for Oct Rent'')

Question: Can I take landlord to court for first ck which was suppose to be destroyed?

Did the landlord signing new lease void mine? or since she had them sign the lease for a month later am I liable?

Thanks

Asked on 5/11/05, 2:25 pm

David Anderson Anderson Business Law LLC

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Re: Two rent cks same month

Your lease went through end of Feb. but it was rented from Dec. 1 on?

Take the LL to small claims court. Sounds like double dipping. ( He got paid twice for Nov and December!)

Answered on 5/11/05, 2:55 pm

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