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Old 12-23-2010, 06:12 PM
 
27,214 posts, read 46,736,758 times
Reputation: 15667

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If you vacated and signed off and had your final walk through whcih I assume you had, than there is no liability for you.

Perhaps you moved out early and broke your lease ....

Maybe the new tenants got a move in special....

If your lease was up at the end of December and you choice out of free will to move out early and didn't ask to get reimbursed if another tenant would move in, than the owner might have thought this was not so bad.

I don't know if the Law really doesn't allow double rent....I know it doesn't allow it if a tenant wants to break a lease and wants to move out and the owner finds a new tenant than the previous one needs to be released from the lease and no double rent can be taken, but you left out of free will as I understand and you didn't tell the management or owner that if they find a new tenant they can't move in until your lease is over or you shoudl be reimbursed.

Basically you settled when you gave the keys back and moved and did what you need to do to get your sec. dep. back. If you didn't want any one to move in prior to your lease ending you should have had the walk through on the last day and turn in the keys that day.

So what you didn was entering in a new contract which meant your lease contract was void and nul and the management and/or owner could rent the place.

IMO you will lose in court unless you have proof that your agreed of being reimbursed if other people would move in earlier.

Move on and be happy the street doesn't have an empty place, which makes the street look better
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Old 12-26-2010, 10:35 AM
 
10,746 posts, read 26,015,105 times
Reputation: 16033
I just have to ask, if your lease isn't over until the end of this month, why did you turn the keys in? You stated you left your lease early. Were you required to pay early lease termination fee? If so, then the lease for that place wasn't valid when the new tenant moved in.

Someone else mentioned utilities. When did you change them over? Most leases are very clear that while the lease is valid, the tenant must have utilities current at the address.

If you paid the fee, changed your utilities and turned the key in your landlord had every right to rent the place out.
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Old 12-26-2010, 12:18 PM
 
4,246 posts, read 12,024,391 times
Reputation: 3150
Quote:
Originally Posted by STT Resident View Post
I wasn't making an assumption. The OP was renting in the Cedar Park area of Texas where rentals are in the range of 600-1100/month. If the LL was indeed "double-dipping" for 11 days, that amounts to between $250-$400 due to the OP if all else is equal. But we don't know that so are offering general advice and admonitions. My apologies for having offended.
Not everyone can be rich like you and be ok with losing 250-400 bucks. Hell, that's a car note.
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Old 12-26-2010, 12:21 PM
 
4,399 posts, read 10,669,291 times
Reputation: 2383
Quote:
Originally Posted by Kim in FL View Post
I just have to ask, if your lease isn't over until the end of this month, why did you turn the keys in? You stated you left your lease early. Were you required to pay early lease termination fee? If so, then the lease for that place wasn't valid when the new tenant moved in.

Someone else mentioned utilities. When did you change them over? Most leases are very clear that while the lease is valid, the tenant must have utilities current at the address.

If you paid the fee, changed your utilities and turned the key in your landlord had every right to rent the place out.
He has every right to rent the place out and refund the money to the OP for the overlap.
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Old 12-26-2010, 01:03 PM
 
28,115 posts, read 63,659,938 times
Reputation: 23268
Maybe the OP will provide an update?
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Old 12-27-2010, 04:54 AM
 
10,746 posts, read 26,015,105 times
Reputation: 16033
Quote:
Originally Posted by danieloneil01 View Post
Not everyone can be rich like you and be ok with losing 250-400 bucks. Hell, that's a car note.

Not if you buy your car with cash

You have to pick your battles. For a small like that, you'll spend more on lawyers and court fees.
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Old 12-27-2010, 06:22 AM
 
1,304 posts, read 2,426,004 times
Reputation: 1215
It costs you nothing to call your own landlord and ask for a refund of the 11 days of overlap. If the landlord is "double dipping" they may just refund you for the 11 days to be done with it. If your old landlord gives a talk about how you turned in the keys, vacated, etc then it is up to you if you want to go court (probably not worth it).
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Old 12-27-2010, 06:22 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,690,877 times
Reputation: 26727
Quote:
Originally Posted by danieloneil01 View Post
Not everyone can be rich like you and be ok with losing 250-400 bucks. Hell, that's a car note.
An assumption. Re-read my post and pay attention to the point that I made viz, "if all else is equal. But we don't know that so are offering general advice and admonitions."

And Kim is actually correct - my cars are always second/third/fourth hand and paid for in cash.
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Old 12-27-2010, 04:21 PM
 
10,746 posts, read 26,015,105 times
Reputation: 16033
Quote:
Originally Posted by STT Resident View Post
An assumption. Re-read my post and pay attention to the point that I made viz, "if all else is equal. But we don't know that so are offering general advice and admonitions."

And Kim is actually correct - my cars are always second/third/fourth hand and paid for in cash.

Isn't Dave Ramsey great?! lol

Not sure if you're D. R. fan or not..but when you said that I thought of him.
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Old 10-09-2011, 10:40 AM
 
1 posts, read 9,154 times
Reputation: 11
I have a similar situation...

What if my lease was up at the end of the month, I still had some stuff left in the apartment, I had NOT turned in my keys and had told the landlord I would be out on the last day of the month (30th).

What can be done about the landlord who moves the new tenant's furniture into the apartment on the 25th and lets them move in on the 26th, with the rest of my stuff (boxes, lamps, fragile stuff that didn't go into the truck, etc.) that was still in the bedroom and the kitchen. I have items missing that the new tenants claim not to have seen. The landlord said "I thought you were going to be out by the 24th." I told her I was going to try to be out by then, but defintely the end of the month.

BTW... someone had gotten into the apartment about 2-2 and a half months prior and I had items missing but there was no one officially blamed for the theft.

Can I collect the last month's rent and get reimbursement for the missing items, gas and lost wages due to having to have done a mad scramble to get the rest of my belongings out of the apartment? I moved about 45 miles away from the old place and am not usually in the area any more.
Please advise
Thanks!
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