Am I eligible for prorated rent

[Xian Anu]

I live in Frisco, TX. I rented a home for over a year. The lease agreement I signed with the home owner states that I am obliged to pay rent till end of April. I bought a home and had to move out in March. When I asked the owner about my situation, he said that if he can find a new tenant, the lease would be pardoned.

Now, here is my question. I already paid the owner rent for the month of April. The new tenant moved into the rental home on April 15th and has paid prorated rent for the last 15 days of April. I asked the owner if he could return to me 15 days rent since he already has a new tenant paying rent for the second half of April. The owner said No without any further explanation.

I wanted to ask if I had grounds for requesting a refund of 15 days rent from the owner. From what I have read, it is not legal (at least in TX) for an owner to charge rent from two different tenants on the property at any given point.

Please advise.

Xian

[Account Closed]

@Xian Anu Yes, you can take him to small claims court for the 15 days he received rent from the other tenant, that you had already paid for.  Texas has a duty to mitigate law for landlords.  This means, a landlord must try to find another tenant, and can only charge you rent until he gets rent coming in again.

Here's the actual law:  I got it here:  http://www.statutes.legis.state.tx.us/Docs/PR/htm/...

PROPERTY CODE TITLE 8. LANDLORD AND TENANT CHAPTER 91. 

PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND TENANTS

Sec. 91.006. LANDLORD'S DUTY TO MITIGATE DAMAGES.  

(a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease.

(b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void.

Added by Acts 1997, 75th Leg., ch. 1205, Sec. 8, eff. Sept. 1, 1997.

To sue in small claims court, you first have to ask for what you want in writing.  Like this:

Dear Landlord:

As you know, I paid rent through ______________, but vacated the rental at _____________________ (address) on ____________________, with notice, as I bought a house.  You were able to get a new tenant to move in and start paying rent on ____________________.  I have asked you verbally to reimburse me the rent for 15 days that you have received double rent on - from me and your new renter.  You refused.

This is my request in writing to reimburse me $_____________ rent, for the time when you received double rent from me and your new tenant.  This is not allowed under Texas Property Code, Title 8, Chapter 91, Section 91.006.  Here is the quote of the law:

(cut and paste the law here)

Please send me a check in the amount of $_____________ by _______________ (give him a week), or I will be taking the matter to court and will ask the court for the money you owe me per TX law, as well as my court fees and any penalty allowed.

Sincerely,

You

Good luck!