Q: Landlord leased my apartment to new tenants before my lease was up.
I paid rent at my former apartment for the full month of June. I moved in to my new apartment on June 15th. The broker who was showing my former apartment knew I was going to be moving before my lease was up. He told the new tenants they could move in early (June 24th). He sent me a text saying that the new tenants signed the lease for June 24th and wanted to confirm that I would hand over the keys on the 16th. I confirmed and handed over the keys on the 16th. In his text, he said that the landlord would prorate me the rent for the last week. I have reached out to the landlord multiple times, however I have received no response. What do I do? I live in NYC.
A: If the landlord has kept the rent for a period where the apartment was leased to another tenant, you have a legal basis to demand those funds be returned under Real Property Law Section 227-e.
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