Temple, TX asked in Landlord - Tenant for Texas

Q: Can a RV park owner collect rents for the same lot and time from 2 different renters?

I sold my RV to a person who will remain in the same lot as I rented, accepted "as is", and was approved by the owner. The owner demanded I pay for the entire month, which I did. Now I find she is requiring the new tenant to pay for the entire month also. The new renter moved in on the 10th of the month. Can the landlord collect rents from the both of us, or does she have to reimburse either of us for the overlapping rents? Note: deposits were also collected from both renters.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Based on the information you've provided, it appears that the RV park owner is attempting to double-collect rent for the same lot during an overlapping period. In most jurisdictions, this practice is not legal.

Here are a few key points to consider:

1. Rent should only be collected once for a specific lot and time period.

2. If you paid for the entire month and the new tenant moved in on the 10th, the owner should reimburse you for the prorated amount from the 10th to the end of the month.

3. The new tenant should only be responsible for paying rent from the 10th onwards.

4. Collecting deposits from both renters for the same lot is also questionable, as the deposit is typically used to cover potential damages or unpaid rent. The original deposit should have been returned to you (assuming no damages) when you sold the RV and the new tenant took over the lot.

To resolve this issue, you should:

1. Gather all relevant documentation, including rental agreements, receipts for rent paid, and any written communication with the RV park owner.

2. Politely request a refund for the prorated amount of rent from the 10th to the end of the month, as well as the return of your deposit (if applicable).

3. If the owner refuses to cooperate, consider seeking legal advice or contacting your local tenant rights organization for guidance on how to proceed.

Remember, while specific laws may vary by jurisdiction, collecting double rent for the same property and time period is generally not allowed.

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.