Can a landlord rent a property we have moved out of but have paid the remaining months rent left on the lease agreement?
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Can a landlord rent a property we have moved out of but have paid the remaining months rent left on the lease agreement?
We moved out on the 1st but paid rent for this month and left the deposit for next month’s rent which was the last month of the lease. The landlord has new tenants in the rental property. Are we able to receive pro-rated rent?
Asked on January 23, 2012 under Real Estate Law, Texas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your landlord spent money in re-letting the premises, then that will be deducted. If the new tenant could not move in until now, then that is not your money owed to you anymore. If you feel the landlord mitigated his damages and you are still owed money, you can certainly approach your landlord verbally and then follow up with a certified letter. If it doesn't work, sue your landlord in court for reimbursement. I am not entirely sure you will be successful, but keep in mind that you will have to absorb court costs if you do not prevail.
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