What is the law regarding refunding rent before 30 days is up?
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What is the law regarding refunding rent before 30 days is up?
I gave my 30 day notice to my landlord as required by our lease on 03/01 and also paid him in full for the month’s rent. Now the electric was switched on the 13 of this month because the electric company messed up and switched it to early. So I handed my keys into the landlord, even though I technically have until the 30th to be fully out. He moved another tenant in on the 18th. Now I know he has to give my security deposit back as we left the house in better shape then when we moved in and we have proof that he agreed through text message. Does he have to give us back some of this month’s rent because he moved another tenant in before our 30 days was up or did we give up our rights?
help in advance.
Asked on March 24, 2017 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You should get some of the rent back if another tenant moved in before the 30 days is up. The landlord cannot double rent it--he can't give two different tenants possession at the same time. If you paid for a month's rent, you have possession for that month (for the 30 days you gave notice) even if you choose to move out early--it's still your premises, even if you are not using it. The landlord can only rerent it if he return some of your money to you--the amount for the dates from and after when the new tenant moves in--since if he doesn't return that money, it's still your unit and the new tenant cannot move in.
If the landlord will not return some of your rent, you could sue him (e.g. in small claims court) for it.
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