can a landlord hold two leases for the same apartment at the same time?
November 19th, 2009
We recently went out of an apartment and agreed with the landlord that they would amend the lease once the new tenants were in and paid the security and 1st months rent. The new tenants are in and paid with a lease for the apartment.
They are now telling us that they are not amending our lease and that they are holding our deposit until our original lease date expires in June, since we singed a year lease with them.
Is this legal?
We lived in Maine.
YES, but, the question should be…
"Can a landlord legally hold two leases at the same time for the same property?"
No, but, the tenant with out physical presence in the property needs to seek retrobution in small claims if the landlord doesn’t see the error of their ways.
You need to double check Maine laws. Call an attorney for a "Free" consult.
Posted in leases
YES, but, the question should be…
"Can a landlord legally hold two leases at the same time for the same property?"
No, but, the tenant with out physical presence in the property needs to seek retrobution in small claims if the landlord doesn’t see the error of their ways.
You need to double check Maine laws. Call an attorney for a "Free" consult.
References :
Most places it would NOT be legal for them to hold your deposit. I don’t know about Maine – and often it’s local ordinances anyway that regulate the return of security deposits.
References :
It generally would NOT be legal for the landlord to hold your security deposit. Since you broke the lease and went out early, the landlord is entitled to rent until a new tenant is placed. Since it appears that one was placed in the unit, the only thing that you owe for is any time between when you went out and the new tenant went in and started paying rent.
Your early go-out terminated your lease. Your landlord is bound by law to return your security deposit within 30 days of go-out. He may make the normal deductions for hurt and any time that the apartment was vacant but that is it. He may NOT hold the deposit until June since your lease is now dead; it was superceded by the new tenant’s lease.
References :
immediately sue the LL in small claims; you can recover 3x that
amount as hurts against him.
TRY this query; can a home seller sell his house to two different
buyers [each with a dif contract] at the same time–all cash at his price? NO. He can only accept one contract. While 2 or more people can be
on a deed, there cannot be two different deeds on a property
at the same time.
References :
RE broker
NO! Legally you are no longer responsible for the unit as soon as it is re-rented. There are laws in every state governing how quickly they must return your deposit after you go out. It is 30 days in most states. If they do not return your deposit with an accounting of any funds withheld by that 30 days, then you can take them to court.
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I’m a property manager.