Landlord-Tenant Dispute

[lookingforhelp543212]

To make a long story short, my former landlord let me break my lease early as long as I paid rent until someone signed a lease to take my place. He stated he would prorate rent if someone signed a lease in the middle of a month, I do have this in writing. He has returned my security deposit, but not the prorated rent. Is this something I could sue for in small claims? Or is there no law that would allow for such a thing?
Thanks for any help.
I currently reside in Tennessee, if applicable.

 

[PayrollHRGuy]

So he has rented out the property to a new tenant?

When did you move out, what periods have you paid for and when did the new tenant move in?

 

[lookingforhelp543212]

So he has rented out the property to a new tenant?

When did you move out, what periods have you paid for and when did the new tenant move in?

Yes! I moved out March 29. New Tenant moved in April 8th. I paid for the month of April.

 

[quincy]

How much money is involved?

 

[lookingforhelp543212]

How much money is involved?

The rent is $750 a month. Prorated would be roughly $550. Which is why I want it. It’s not a small sum, at least for me.

 

[PayrollHRGuy]

I see no reason you couldn't sue him.

I'd suggest you get the find out what you need to complete to file a small claims suit. Complete it but don't yet file it. Send the landlord a letter along with a copy of the completed unfiled small claims filing.

 

[lookingforhelp543212]

I see no reason you couldn't sue him.

I'd suggest you get the find out what you need to complete to file a small claims suit. Complete it but don't yet file it. Send the landlord a letter along with a copy of the completed unfiled small claims filing.

Wonderful, thank you so much for your advice!

 

[Zigner]

To make a long story short, my former landlord let me break my lease early as long as I paid rent until someone signed a lease to take my place. He stated he would prorate rent if someone signed a lease in the middle of a month, I do have this in writing. He has returned my security deposit, but not the prorated rent. Is this something I could sue for in small claims? Or is there no law that would allow for such a thing?
Thanks for any help.
I currently reside in Tennessee, if applicable.

How do you know that he received rent for that partial month?

 

[lookingforhelp543212]

How do you know that he received rent for that additional 1/2 month?

He sent me a text saying the lease was signed on April 8th. The lease states that rent and deposit has been made, I can only assume he wouldn’t nullify his own lease.

 

[Zigner]

He sent me a text saying the lease was signed on April 8th. The lease states that rent and deposit has been made, I can only assume he wouldn’t nullify his own lease.

You've seen the lease? You know for a fact that it doesn't state that the period from 4/8 to 4/30 is at no charge and that rental payments will begin on 5/1?

 

[lookingforhelp543212]

You've seen the lease? You know for a fact that it doesn't state that the period from 4/8 to 4/30 is at no charge and that rental payments will begin on 5/1?

I still have a copy of my lease, which of course he could have changed. But it was a copy paste lease, he would just write in the name of the tenant. I understand your point, but he stated he would prorate the rent and I do have proof of that.

 

[Zigner]

I still have a copy of my lease, which of course he could have changed. But it was a copy paste lease, he would just write in the name of the tenant. I understand your point, but he stated he would prorate the rent and I do have proof of that.

His negotiations for the unit may have included an incentive for the tenants to move in early. It's entirely possible that he allowed them to stay rent-free from 4/8 through 4/30. I would begin your quest by talking to your former landlord and politely requesting the return of the prorated amount.

 

[PayrollHRGuy]

If that is the case the LL should have informed the OP of such. If it is the case I'm sure he will inform the OP if she follows my suggestion.

 

[Zigner]

If that is the case the LL should have informed the OP of such. If it is the case I'm sure he will inform the OP if she follows my suggestion.

I don't believe that the LL has any legal obligation to notify the OP, although, it would probably be wise if he did so. I wouldn't suggest that the OP send a copy of the unfiled paperwork.

 

[PayrollHRGuy]

The LL agreed to something. He should explain why he isn't doing it. I agree he may have a reason.

I'm assuming that the OP has already inquired about the prorated rent either verbally or in writing with no answer. The completed paperwork may well motivate an answer.