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lisablessing | Landlord leased my apartment before I moved out! |
I am currently on a six month lease which expires at the end of August. I have not been living in the apartment full-time but have been paying rent as per my lease agreement. I informed my landlord earlier this week that I would not be renewing my lease and was giving him 30 days notice.
He stated that this was fine and that I would need to clean the place out. He had someone interested in the apartment. I go to clean out the apartment this weekend and the new tenant had already moved in! I still had personal belongings in the apartment which I am afraid I will not have returned.
Rent for the final month is due on Monday, but I am reluctant to pay since the landlord techically broke my lease and re-leased the apartment out from under me. Am I required to pay? Further, I am still owed a deposit, which I expect returned.
Do I have anything to worry about here? I feel like my landlord broke the law and hopefully will cut me a check quietly to end this matter, but I cannot know anything more for sure until Monday. What do you think?
Additional Details
We aren't mad as much as we are just shocked. We don't want to sue or do anything hasty...we just want the deposit back. We're more worried about him ignoring are calls, which he has done for the past few days. We'll be glad to get our belongings and deposit back and leave it at that. Thanks for your answers! |
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where is everybody?
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of course you wouldn't pay if your not able to live there. simply take him to court if anything is missing, damaged or you don't get your deposit back. |
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Almond
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The landlord did breach the contract and you are due back your deposit plus the prorated dollar amount that the new tenant lived there. If the landlord refuses, take them to small claims court, a lawyer will not be necessary in order to recover your losses. |
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moviebuff
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I wouldn't do anything rash. If you haven't even talked to him you don't know what he has in mind. Just go and ask the new tenants to give you your personal belongings back and when you see the landlord ask for your deposit right then and don't worry about the last months rent. He probably isn't expecting it anyway. I know that you are mad but if he get all your stuff back and your money back then I would just let it go. next time put your own lock on the door |
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dickn2000a
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I think you need to sue the landlord in small claims court. You can collect as much as $5000 in damages, and in some states two and a half times that. Sue his a*s*s! |
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Mr.Charm
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Take his *** to court if he doesnt wasnt to give you your deposit. You shouldnt have to pay him for the last months rent if the apt was already occupied. The landlord broke the contract, he is a money digger. |
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john n
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I think that the landlord is a sleazeball. He didn't have the right to lease your apartment before the end of your lease, and just like a tenant who doesn't fulfill his end of the contract is penalized, there are also consequences for the landlord.
Should you decide to push it, the landlord can be forced to pay a penalty for having broken the lease. If, for example, you had arranged for driends to ove you at the end of August, and due to the circumstances you now have to hire movers, the entire cost of the moving crew would be the landlord's responsibility. |
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Francis D
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Your land lord did break the law. Tell the new tenants that it is still your place because you are still paying rent. And show them a lease. They probably didnt know anything about this. This will get them to try to break off their lease with the land lord. They would pobably be successful because they cannot move into their new place. So the land lord will be forced to break that lease with them. And they can still sue him. On your side, you can sue him as well, for breach of contract. And if anything is missing, you can sue the land lord for it. And to be honest...."find something missing"...This is my advice because sometimes you sue for a couple of counts of wrongful acts, but you dont win them all..... |
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zigzag
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The landlord has broken your agreement and broken the law you can threaten or ask for your belongings back.
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nightowl24
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I had something similar happen to me, and you are not required ot pay anymore. Also, you should get a full return of your deposit because he let someone move in without checking it out with you. For all you know, they could have done any damages moving in. Third, if anything of yours is missing, you need to be compensated. If any of this is a problem, you have a definite case, go find a lawyer and he will probably end up paying for it when you win. |
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hooterville
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Unless you don't get your stuff back and your deposit refunded, what are you complaining about? He can't collect double rent so you don't have to pay for August. Talk to him, this might be good for you. |
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jenfrompen
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Contact a local attorney. Their are many things going on here that need attention. |
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