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Old 09-01-2013, 11:38 PM
 
87 posts, read 167,008 times
Reputation: 70

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I have been renting my home for 3 years. My lease is up Oct1st we gave a 45 day notice last month and everything was fine. I was allowing the landlord to show the home and they found a new tenant. Well that tenant wants to move in September 20th. I was planning on moving out the 16th of September so it was no big deal. But When I asked for a pro-rated amount of rent "If" and only IF they rented the home out early they flatly refused. I have paid in full for this month. I have $2700 in deposit on the line and don't know if I should push this issue? What I want to know is do I have a legal leg to stand on or should I just eat $575? Am I allowed to refuse to give them the keys till the 30th even though my notice said I would be moving out the 16th? Remember I have paid the entire month all ready. Is my landlord allowed to collect rent from two different tenants at the same time?
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Old 09-06-2013, 12:27 PM
 
Location: Reno
843 posts, read 1,839,938 times
Reputation: 583
Read the rental/lease agreement you signed. It should all be spelled out there.
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Old 09-08-2013, 11:11 PM
 
87 posts, read 167,008 times
Reputation: 70
No it's not, all it says is my lease is up Oct 1st.
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Old 09-09-2013, 08:03 AM
 
Location: Tyler, TX
15,202 posts, read 18,261,876 times
Reputation: 8032
Then tell them you won't release the unit until October 1st. If they want it sooner, they can change the lease to whatever date you agree on, and you can stipulate the refund.

The lease is the controlling contract. You have no obligation to let them have the unit back any earlier than October 1st, and if they're not going to give you your money back for that time, then you have no reason to give them a $500 gift.
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Old 09-12-2013, 10:18 AM
 
4 posts, read 20,616 times
Reputation: 10
Quote:
Originally Posted by swagger View Post
Then tell them you won't release the unit until October 1st. If they want it sooner, they can change the lease to whatever date you agree on, and you can stipulate the refund.

The lease is the controlling contract. You have no obligation to let them have the unit back any earlier than October 1st, and if they're not going to give you your money back for that time, then you have no reason to give them a $500 gift.
Agreed.

Their feelings over the matter shouldn't affect them refunding your security deposit (might also want to look into if they have to refund the interest on your deposit, too). I said shouldn't because sometimes landlords let their emotions override reason and compliance with the law/contracts, so... maybe try talking to them about it again? Pro-rating might sound a lot better if they might be losing two tenants (you and the prospective new one).
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