Breaking Lease - New Tenant Found But At Less Rent

[kkat7]

Hello everyone-

We signed a 12 month lease for an apartment to start June 20th, 2005 until June 25th, 2006 after giving the landloard a security deposit equivilent to first month's rent.

When we went to pick up the keys at night we became frightened of the surrounding neighborhood. Anyway, we needed to break the lease. We never moved in and we never took possession of the keys.

Fast forward to now. I posted all ads and found lots of potential tenants. He, however, wasn't the most cooperative and one time even failed to show up to show the place to a potential tenant I had found.

Regardless, I eventually found someone willing to pay 150 per/month less than we had originally agreed for 10 months starting Aug 1st to June 1st. He signed a completely new lease directly with the landlord. We haven't signed anything since the original lease.

Now on to my questions (thanks for sticking with me this far)

Since the landlord signed a completely new lease with this guy without consulting with us on the price or terms or anything, are we responsible for the $150 p/mo difference in rent for the remainder of the lease term or does that void or contract since he cannot have 2 outstanding leases on the same place at the same time?

Since he signed a 10 mo and we had a 12 mo are we responsible for the rent from June 1st to the 25th of 2006?

He also wants $700 pro rated rent for the 10 days from June 20th 2005 - July 1st 2005 even though we originally had a verbal agreement that he wasn't going to charge for those 10 days.

Furthermore, (if he wants to follow the lease verbatum) in the lease it states that "owner acknowledges reciept of 2100 security deposit and 2100 first month rent for a total of 4200" even though in actuallity we only paid him 2100.

If push comes to shove, can this extra 2100 we never actually paid him be legally counted toward any outstanding rent that we legally owe him (ie the 700 or the 150 per month or the last month's 2100)?

Thank you so much for all your help, we just feel overwhelmed.
Any and all advice appreciated.
-Krystel

[aaron]

Since the landlord signed a completely new lease with this guy without consulting with us on the price or terms or anything, are we responsible for the $150 p/mo difference in rent for the remainder of the lease term or does that void or contract since he cannot have 2 outstanding leases on the same place at the same time?

Assuming standard contract damages, you would be liable for the difference. The second lease doesn't make your prior, broken lease disappear.

Since he signed a 10 mo and we had a 12 mo are we responsible for the rent from June 1st to the 25th of 2006?

You are responsible through what would have been the conclusion of your lease, whatever date that happens to be.

If push comes to shove, can this extra 2100 we never actually paid him be legally counted toward any outstanding rent that we legally owe him (ie the 700 or the 150 per month or the last month's 2100)?

It is unlikely that a court would give you any credit for money you did not pay.