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Posts: 17
Reply with quote  #1 

Hi, I have a tenant who has given me a 60-day notice to vacate the property.  If the tenant turned over the property on day 45 with keys and walk-thru final inspection, and I was able to rent the place on day 50.  Am I obligated to return the 10 days rent?  Utilities were shut off on day 45 upon move out, and all utilities became landlord responsibilities.  What is the law on this situation? 


Posts: 7
Reply with quote  #2 
I am not a lawyer, but I think you are obligated to return the 10 days rent
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Posts: 5
Reply with quote  #3 
No for a few reasons
Lease was per month not day
Tenant agreed to the 60 day notice. They are the ones that gave you back possession early.

Posts: 467
Reply with quote  #4 
2011 people! Seriously! Stop awakening dead threads!

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Posts: 71
Reply with quote  #5 
The right thing to do.... return the 10 days double rent.

Posts: 3,801
Reply with quote  #6 
Ok. I know this is a very old thread. But for the benefit of anyone who is now searching for the LEGAL(not moral) answer:
You cannot double dip. If a LL re-rents a unit within a period paid for by a previous tenant, he is obligated to return that portion of rent to that previous tenant. You cannot get paid twice for the same period of time. If challenged in court, any judge would (and has) ruled that this amounts to unlawful withholding. Depending on your state law, there can be huge penalties for unlawful withholding. In OH, the penalty is the unlawful amount plus 2 x that amount as penalty. In the original case here, 10 days plus 20 more penalty - the LL would owe the entire month of rent back!
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