rent overlap - who keeps the money?

[George P.]

the tenant that's leaving paid until june 1 and moved out already. still has the keys and checks on the property regularly.

new tenant is moving in on 5/21. there is a 9 day overlap where i am double dipping.

i asked the current tenant for the keys and she said "will give it back on the 31st". i can easily change the locks/keys, but dont want it to become a big deal.

Do i owe her back the 9 days rent?

[Jon Holdman]

The old tenant isn't turning over possession until June 30. I think you're going to have serious trouble if you move someone else in there before then. Most states don't allow double rent. If she had already moved out and handed over the keys, then you would need to refund her the days after the new tenant moves in. Since she's refusing to turn over possession until the 30th (by refusing to give you the keys) she's telling you the place is still hers. If you move someone else in or change the locks and she comes by and discovers it (which seems like she may do) I would expect to hear from here. I'd predict things won't go well for you if she takes you to court for renting out the property she had possession of.

If you're going to move someone in, I would offer her money for at least those nine days in exchange for the keys.