Refund of extra month rent

[Susan Smith]

My son rented an apartment in Ventura County, California on a month to month basis and paid extra for the MTM option. He mistakenly thought that he didn't need to notify the manager of his move out date in writing since he had told him the day he moved in that he would move out on September 28, 2000. He ended up paying an extra month rent after he had moved out. The manager told him that if a new tenant moved in within that month, my son would get part of the money back. Now the manager says they did not rent the apartment until the end of the month, but utility records indicate a new tenant on October 20, 2000, two weeks prior to the end of the month. What is my son's recourse?

 

[HomeGuru]

Sue in small claims court. Be sure that the utility bills indicate useage during that period and not just a billing start date.

 

[Susan Smith]

If the manager has collected rent from someone for a period of time that ovelaps my son's extra month , but they haven't yet moved in (or used any utilities) is he still not entitled to a partial refund?

 

[Jack Mevorach, Esq.]

Yes, he is.