Do I have right to be refunded my lease payment or not? Why?
I am under a 12 month lease contract for a 1 bedroom in a 2 bedroom apartment. I moved out 3 months before my lease ends without notifying the landlord and cleaned up the entire apartment spotlessly. I continued to pay my monthly rent, and utilities for the remaining 3 months, since I was not allowed to sublet my bedroom or break the lease.
1 week before my lease ended, I visited my apartment which was completely trashed. My bedroom, kitchen, sink, & living room was filled with garbage, cigarettes, vomit, marijuana, debris, clothing, and alcohol on the floor, tables, countertop everywhere.
A new tenant moved in a month ago into the same bedroom that I continued to pay rent for, without the landlord notifying me. Some of my belongings had stayed there when I moved out, and were stolen. The landlord states she did not need to notify me about moving in a new tenant since I only rented “one of the rooms” in the apartment. The lease contract did not state her requirement to notify me. She also had my email + phone but did not contact me about her decision. I am still required to continue to pay utilities for the apartment, and my monthly rent. Both bedrooms have no lock and the doors cannot close (no privacy), despite strangers moving in without notice. I have emailed the landlord 5 days ago about moving out and was not given any response, even at that opportunity as to what is going on.
Do I have the tenant right to be refunded the last 3 months of my rent + utilities?
- ibu guruLv 71 year ago
See an attorney about filing suit, perhaps on the grounds of fraud by the landlord. You need an attorney on this one as it depends on specific lease terms & state laws, etc.
- 1 year ago
You would be entitled to a rent refund for any time that the LL was collecting double rent.
- SimplytheFACTSLv 71 year ago
this makes no sense, how was another person moved into the room? was it the landlord that moved them in or the roommate?
why did you leave belongings? did you file a police report?
since the room was re rented, you need to sue the landlord for that amount of rent. state law would say the LL can't collect rent from 2 different tenants.
you needed to notify the landlord in writing that you were terminating your tenancy..likely at least 1 full month ahead of time..LL can try to countersue you for not giving proper notice and try to sue you to forfeit any deposit/pay penalties which may be more.
why on earth do you think you get 3 months back for a person living there for 1 month?
- curtisports2Lv 71 year ago
You go to court and the judge will hand the landlord her head for violating landlord-tenant law. I can't say what the exact violations are, but something here is illegal. You may not get back all three months but you may get back something, and you almost certainly will get back your security deposit. The landlord failed to protect her right to keep it for damages you caused by failing to act within the law.
Sue her and ask for your legal costs.
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- DEBSLv 71 year ago
You said the landlord rented out the same room. Landlords are not allowed to double-dip by charging both you and another party for the same space for the same period. I doubt you can get the full 3 months but you can get the overlapping 1 month you mention. You could try getting compensation for your stolen things, but proving who that was will be difficult. A judge may or may not put this on the landlord for making the space available to someone else.
- SlumlordLv 71 year ago
You should get your deposit back minus any fees from when you moved out though I don't expect this landlord to refund it. Depending on the laws where you are you should get your rent back from when the new tenant moved in, if they were supposed to be renting your space as well. If the landlord says they were only renting the other bedroom (and just went into you room since it was vacant) then maybe you won't get this money back. If it were me I would demand the money back for the deposit and rent from when the other tenant was there. If you don't get it (or get anything) then you'll have to go to small claims court to get it and not clear what a judge would give you.
- MaxiLv 71 year ago
No, if the landlord rented out the other room, you still have to pay for your room as per contract and once you left you don't pay for utilities unless it also states in your contract you have to pay for the 12 month contract
- 1 year ago
It isn't clear what is going on with the renting of one bedroom in a two bedroom apartment, but it sounds like you might have a case to me since it was the bedroom you say you were paying rent for that the new tenant is also renting.
You also might be able to go after the new tenant depending on the particulars.
- babyboomer1001Lv 71 year ago
You only rented a room, not the entire apartment so, the landlord had a right to rent the other room. You shouldn't have left your belongings. In fact, they were probably were seen as abandoned. Loss of them does not justify a return of three month's rent. You were bound by the terms of the lease and you fulfilled your obligation in paying the rent. I hope you gave notice. Otherwise, you could be held liable for more rent. After you give notice, the landlord will want to check out your room. I hope the other tenant's mess does not stretch into what was your room. Otherwise, there could be damages that he will likely try and collect from you. What I would have done would be to give notice when you moved out and paid up front the rent for three months. He could then have checked out the place and found it spotless. I hope he doesn't make you pay for the mess the other guy caused.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- Anonymous1 year ago
no........be thankful if the landlord does not charge you for all the mess and damages, which can be blamed on you because you failed to do the correct & legal thing - providing the written notice of intent to vacate the propertySource(s): former apt mgr