Colorado Springs, CO asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado

Q: If you leave property and landlord rents it out before your lease ended, is new end date when next renter moved in?

One year lease through 30 June 2019. We notified landlord of our intent to vacate the property one month early back in April 2019. Landlord showed property several times prior to our move out and found a new renter to begin leasing on 1 June 2019. We were not charged rent for June because we were not there and landlord had rented the property out already. As of 2 July our security deposit has not been returned (over 60 days since landlord took over the property again). Did our lease still end on 30 June 2019? Or does the landlord having a new renter mean our lease ended 31 May when we vacated the property and they reassumed control of it with a new, paying tenant?

1 Lawyer Answer
Donald C Eby
Donald C Eby
  • Landlord Tenant Lawyer
  • Castle Rock, CO
  • Licensed in Colorado

A: The Courts will not allow landlord to double dip by charging you June rent while collecting rent from the new tenants.

WRT when does the 60 days start for purposes of the Sec. Dep. Accounting, likely not until the new tenant took possession. This is a common fight. The bottom line is that just because you returned possession does not cause the clock to start running on the 60 day timer.

Bruce Alexander Minnick agrees with this answer

1 user found this answer helpful

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