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
Answered
  • 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.

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