Is it legal for your landlord to rent out your room in a house if you have already paid rent for it?

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Is it legal for your landlord to rent out your room in a house if you have already paid rent for it?

I rented a room in a house from 2 medical students. We agreed that I would rent for a year. I paid for that rental agreement in full. Due to extenuating circumstances, I decided to start moving out early this month and signed a new lease for a different apartment. The 2 students then notified me that I had to move my things out early because they found a new renter who will move into my room the first week of next month. I told them that they were subletting because I have already paid for the next 2 months, so they can’t yet lease to anyone new.

Asked on April 26, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You are correct in your assessment of the situation that you are writing about. If you have paid in full for the rental that you have, you are entitled to the possession of the room for the full term of your lease regardless of the fact that you are moving out early.

If the persons from whom you rented the room from decide to lease your room out to a third person while you are no longer occupying it but during the period that you have paid for, you are entitled to a rebate of your rent from them. It is not legally permissible under the circumstances that you have written about for your landlords to collect double rent for the room that you have paid in full for during the term of your lease.


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