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jwackerm81 · Jun 17, 2011, 10:09 AM

Hello, I am writing this for a friend in Missouri.

He moved out of his apartment on May 31st 2011. In June he received an email notifying him that his lease is not actually expired, as he thought, but expires July 31st 2011 and they are expecting rent to be paid for June and July 2011. He checked his lease and realized the termination of his lease was in fact July 31st 2011.

However... In Aprl he sent them a notice to vacate by the May 31st and turned his keys May 27th. Also he had the utilities turned off and place bace into the property management companies name. At that time he had received no contact that he was breaking the lease early nor that they would be still meaning to collect the rent of June and July. He paid June since he thought the fault was his own and was prepared to pay July as well.

BUT, we have learned that the company renting the apartment has had new tenants living in the apartment since June 1st 2011, the day after he moved out. They have been occupying the apartment since June 1st and continue to do so.

Assuming the new tenants are paying rent the property company cannot ask him for rent as well, is that correct? Since there are new tenants does that effectivley break the legal responsibilities he had with his previous lease since he is no longer the tenant (ie the apartment is not sitting empty for two months)?
If the new tenants are not paying rent (perhaps the company offered them two months free because they had the money coming from my friend via the lease agreement) are they allowed to do something like that? Can they use his money to let other people occupy the apartment? I just want to help him get his June rent money back which I don't think the property management has a legal right to.

Thanks for your help

JudyKayTee · Jun 17, 2011, 10:25 AM

The heading says "me" and "my" but the text says the question is for a friend - ?

The landlord cannot double dip - they can collect rent from one tenant. If he doesn't pay and they sue that is his defense. IF he gave them short notice and the free rent was offered to the tenant the Court will have to decide what is reasonable.

How did he not know when his lease expired?

jwackerm81 · Jun 17, 2011, 11:52 AM

He was looking at the previous year's lease that expired May 31st.

JudyKayTee · Jun 17, 2011, 12:20 PM

- so he went month to month and THEN signed a new lease?

jwackerm81 · Jun 17, 2011, 12:42 PM

From what he tells me. He started in a 6 month lease from dec 09 to may 2010. Then he signed a year lease, but the terminiation date is July not May on the document. Not sure if there was purposeful misrepresentation or just that my friend failed to read carefully. The big issue we are trying to sort out is why they think they can ask for rent, when they have already rented the apartment. The management has a duty to midigate their damages to some degree and if they left the apartment unoccupied I think they are in the right to ask for rent to be paid but if they already have new tenants they cannont legal ask for double rent right? Perhaps I am wrong.

Is it legal to offer free rent from someone who broke a lease? That sounds non logical but I am not a lawyer so...

Thanks for the advice

ScottGem · Jun 17, 2011, 04:07 PM

As Judy said they can't double dip. So your friend tells them that he gave 30 days plus notice. That nothing was said at that time about the correct date. That he is aware they rented the apartment immediately. Therefore, they have no claim against him. If they think they have, then sue and he will see them in court.

Did they return his deposit yet? Or an accounting of how it was used?

AK lawyer · Jun 17, 2011, 04:23 PM

Originally Posted by ScottGem

As Judy said they can't double dip. ...

Or another way of putting it is that if they have in fact mitigated by immediately finding a new tenant, at the same or better monthly rent, the previous tenant is off the hook. If they gave the new tenant two months free as an inducement, they could argue that it was necessary to take that hit in order to get the place re-rented.

excon · Jun 18, 2011, 04:38 AM

Originally Posted by jwackerm81

I just want to help him get his June rent money back which I don't think the property managment has a legal right to.

Hello j:

This isn't difficult... Have your friend write them a letter demanding they return his money within 72 hours for the reasons stated, or he'll sue them. Send the letter certified, return receipt requested. If the money doesn't show up, SUE THEM. Small claims court is quick, cheap, and easy.

excon

ScottGem · Jun 18, 2011, 05:15 AM

Whoops, missed that he wants the June rent back