Thousand Oaks, CA asked in Real Estate Law and Landlord - Tenant for California

Q: Can a Landlord collect DOUBLE rent for the same unit, during the month when a tenant is moving out and new tenant in?

My landlord does not offer a 1 year lease option.

They only offer a 355 days option, where they put "by selecting this option I'm declining a 1 year lease already offered".

This landlord makes the EFFECTIVE DATE on 7th, 14th, 24th of the month, and END DATE on odd dates; like on 4th, 14th of the month.

So, if a tenant's lease is over on the 06/24 normally these young tenants move out on a weekend before their lease is over, and the landlord is collecting double; one full June payment from the tenant that is leaving, and one full June payment from the new tenant that is moving in on 06/24.

My current lease is over on 07/29, my landlord is forcing me to move to another building he owns with a new Lease on 07/24 overlapping my current lease, collecting my full July's rent TWICE (current/unit July + new/unit FULL rent July). They are aware of the overlapping,

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: A landlord cannot collect rent from two different tenants for the same property at the same time. Once the new tenant moves in, the old tenant's obligation to pay rent stops because the LL cannot provide anything of value for the rent.

This opinion is based on the information provided in the question, without independent investigation. New information could substantially change the opinion. DO NOT RELY ON FREE LEGAL ADVICE ABOUT YOUR IMPORTANT PERSONAL RIGHTS PROVIDED ON AN OPEN PUBLIC FORUM- EVEN MINE! CONSULT AN ATTORNEY OF YOUR CHOICE IN YOUR AREA.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.