Posted by on December 17, 2000 at 19:30:15:
In Reply to: Re: Can former landlord sue for 1 month unpaid rent? yes posted by SamE on December 17, 2000 at 18:00:08:
Let me clarify what I meant by an offset. If the apartment was vacant for one month, but the landlord got a 20% vacancy increase for a two-year lease, five months of the increased rent would offset the one month vacancy at the old rent. In fact, you could argue that five more months of that increased rent would offset your last month of unpaid rent. And yet another five months of the increased rent should entitle you to the return of your security deposit.
Diane, the person who asked the original question, didn't say how many months were left on her lease when she moved out. The landlord would have to show an actual economic loss, and the increased rent over the remainder of her lease may very well offset any vacancy and her last two months' unpaid rent.
: I disagree with ".'s" last sentence: you can only get an offset if the new tenant paid for rent for one of your unpaid months. In other words: it is illegal for the landlord to collect rent from two different tenants for the same month.
: "." said: " Any increase in rent for the new tenant should be offset against anything you might owe. "
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