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Two Leases for Same Property

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usndds

Junior Member
What is the name of your state (only U.S. law)? Illinois

Is it illegal to have two leases from two different tennants on one property during the same time period? And where would this be found in Illinois code?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Illinois

Is it illegal to have two leases from two different tennants on one property during the same time period? And where would this be found in Illinois code?
That depends on the terms of each of the leases.
 

usndds

Junior Member
Basically I rented a property, paid full rent through September. I informed the landlord that I would be moving my belongings out about mid-month September, even though I had the property until October 1st. I later found out that the landlord had leased the property to another family when they came to look at the house while I was still there, and they informed me that they were moving in around mid-September. I was never informed that another lease had been signed on the same property.
 

justalayman

Senior Member
Yes, it is possible and depending on the terms of each lease may not be an issue whatsoever. Then again, depending on the terms of each lease could be one heck of a problem...for the landlord, in addition to causing problems for the person that thought they were signing a valid and enforceable lease when they weren't.


Details are what makes the difference
 

BL

Senior Member
Basically I rented a property, paid full rent through September. I informed the landlord that I would be moving my belongings out about mid-month September, even though I had the property until October 1st. I later found out that the landlord had leased the property to another family when they came to look at the house while I was still there, and they informed me that they were moving in around mid-September. I was never informed that another lease had been signed on the same property.
If you had a lease to the entire property and pd. through end of Sept. , and the LL collected rent from another tenant during this time ,you should be entitled to the difference.

Can you prove rent was collected from the new tenant in Sept. ?
 

usndds

Junior Member
If you had a lease to the entire property and pd. through end of Sept. , and the LL collected rent from another tenant during this time ,you should be entitled to the difference.

Can you prove rent was collected from the new tenant in Sept. ?
That's exactly what was going on. I contacted the real estate agent and it was confirmed that the future tennant was planning on moving in early and would be paying pro-rated rent. I then contacted the LL explaining that I expected to be paid. At first I met resistance, but then I was told I will be paid within 30 days. The reason I asked the question is in case I never receive the "double" rent, if you will. I am assuming that there would have to be some legal code explaining leases, and if/when they are void. I can't imagine it is legal to have two leases on the same property at the same time.
 

BL

Senior Member
That's exactly what was going on. I contacted the real estate agent and it was confirmed that the future tennant was planning on moving in early and would be paying pro-rated rent. I then contacted the LL explaining that I expected to be paid. At first I met resistance, but then I was told I will be paid within 30 days. The reason I asked the question is in case I never receive the "double" rent, if you will. I am assuming that there would have to be some legal code explaining leases, and if/when they are void. I can't imagine it is legal to have two leases on the same property at the same time.
Forget legal code.

If you are not refunded ( paid ) the difference in 30 days you can file small claims suit.

It really should NOT take 30 days to cut you a check and mail it to you.
 

LdiJ

Senior Member
That's exactly what was going on. I contacted the real estate agent and it was confirmed that the future tennant was planning on moving in early and would be paying pro-rated rent. I then contacted the LL explaining that I expected to be paid. At first I met resistance, but then I was told I will be paid within 30 days. The reason I asked the question is in case I never receive the "double" rent, if you will. I am assuming that there would have to be some legal code explaining leases, and if/when they are void. I can't imagine it is legal to have two leases on the same property at the same time.
I think its the whole "two leases" wording that kind of started things off wrong. It probably should have been worded, "can the landlord collect rent on the same property twice?"
 

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