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Updated 7 months ago on . Most recent reply

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Mindy Jensen
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  • BiggerPockets Money Podcast Host
  • Longmont, CO
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Denver rent collection: Can landlord collect double rent?

Mindy Jensen
Pro Member
  • BiggerPockets Money Podcast Host
  • Longmont, CO
ModeratorPosted

A friend was renting a place in Denver, and just purchased a home. She had to pay rent in May because she wasn't sure when her closing would take place.

Landlord appears to have rented it out now. Can landlord collect double rent or do they owe her a refund?

(I don't own in Denver so I'm not sure.)

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Kyle J.
  • Rental Property Investor
  • Northern, CA
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Kyle J.
  • Rental Property Investor
  • Northern, CA
Replied

Hey @Mindy Jensen It appears in Colorado, like pretty much every other state that I'm aware of, the landlord isn't allowed to "double dip" when it comes to rent collection.  Here's a few online sources on the matter:

The fact of the matter is, the landlord cannot “double-dip,” collecting full rent from one tenant, who has vacated, and collecting again from the new tenant.


From:
 https://corealestateattorneys.com/breaking-a-colorado-residential-lease/


In Colorado, landlords are usually required to mitigate damages if you move out of your rental before the lease is up. They're supposed to make a reasonable effort to find a new tenant—and when they do, you're no longer on the hook for rent going forward.


From:
 https://flip.lease/learn/breaking-a-lease-early/mitigating-damages-in-colorado

A Landlord in Colo is not allowed to "double-dip" in the collection of rent from former tenants.

From:
 https://answers.justia.com/question/2019/10/01/can-a-landlord-charge-for-the-full-lease-719325

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