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Updated over 8 years ago,

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2
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0
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Kevin T.
  • Investor
  • Germantown, MD
0
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2
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Landlord to Return Final Month's Rent Money When Re-Rented?

Kevin T.
  • Investor
  • Germantown, MD
Posted

I'm trying to figure out who is correct in a particular situation and hope someone here can help. A tenant in Maryland was on a month-to-month extension of their lease and gave notice on the last day of June that he's moving out and will pay for July and August. By the last week of July, the tenant has moved out all his stuff and cleaned the house. New applicants come see the house on July 30th and ask if it's possible for them to start moving in August 1st since the place is empty. The landlord inquired if the tenant would be doing anything else with the property and be willing to return the key early and do final inspections on the 1st. The tenant said this was fine and completed the move out process on the evening of August 1st. The new tenants were permitted to start moving in thereafter.

Following up, the tenant received his deposit money back from the landlord, but there was no refund on his August rent that he had paid in full. The tenant believes he should get his money back because the landlord has re-rented the house to new tenants, making him secondarily liable for August's rent. The landlord argues that the tenant is responsible for both July and August, and would be secondarily responsible for any months thereafter if the term of the lease went beyond that, which they don't apply in this case.

Which person's interpretation of the lease is correct? Does the landlord rightfully own the rent money, or is he obligated to refund the tenant in full or in part?

The relevant section of the lease in question states:

If Tenant elects to voluntarily terminate this Lease during the initial Term (for example, house purchase, voluntary job change, marriage), two (2) full months' written notice prior to the rent due date to quit and vacate -- to run from the first of the month to the last day of the second month -- shall be given to Landlord. Tenant shall be responsible for rent payment during that period. Furthermore, Tenant shall be responsible for reasonable advertising and redecorating expenses, lost rent, and other expenses incurred by Landlord as a result of Tenant's premature termination of this Lease. Landlord is not obligated to provide Tenant notice that the dwelling unit has been re-rented. Upon re-rental, Tenant will be held secondarily liable for default(s) by subsequent Tenant(s) in the payment of rent during the balance of the initial Term of this Lease. Landlord is under no obligation to rent Tenant's vacant dwelling unit before any other vacant dwelling unit on the rental property.

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