Right to a Rent Refund After Breaking a Lease

[sharksfan3]

My question involves landlord-tenant law in the State of New York

My lease ran from 8/1/2010 to 7/31/2011. I paid last months rent on move in. Long story short, I vacated my apartment on 5/31/2011 (gave notice). I paid June's rent before leaving... the financial terms of the lease were satisfied.

My landlord re-rented the unit starting 7/1/2011. I am of the mindset that I should be entitled to a refund of July's rent. The landlord is challenging me on this point.

Anyone with any knowledge of this situation?

[LawResearcherMissy]

Why would you be entitled to a refund of July's rent? You paid for June, and then you were gone.

[Mr. Knowitall]

They paid last month's rent upon moving in - so July was prepaid.

What is the exact language of the lease in relation t early termination? If different, what is the exact agreement you reached with your landlord when you left early?

Is this NYC or somewhere else in NY? (NYC tenancies are more complicated than are those in most other parts of the state.)

[LawResearcherMissy]

They paid last month's rent upon moving in - so July was prepaid.

I missed that entirely. Thanks, Mr. K.

[sharksfan3]

There is no clause in the lease regarding early termination. Honestly the lease looks like it was a cut/paste job from multiple sources/leases agreements.

This is upstate NY... Dutchess county to be exact.

When giving notice I told the landlord that I wasn't going to stiff her on June's rent. I brought up being reimbursed if she rented early... she told me that it wont be rented early.

[CPO_MK]

You shoukd try for the refund then. I don't know of any states that allow landlords to "double-dip," i.e. charge two tenants full rent for the same period, not counting roommate situations/boarding rooms/etc. If she refuses then consult an attorney.