We had a lease that expired 8-31-08. We paid July & Aug payment on July 1st and moved out same day.

Question

Century 21 rented the house to new renters on Aug 1 and collected rent from them and security deposit. I found out today this info and they never bothered to tell me and the utilities are still in my name. My question is ARE THEY ALLOWED TO KEEP AUGUST RENT $ FROM ME AND THE NEW RENTERS? OR SHOULD THEY RETURN MY MONEY TO ME SINCE SOMEONE MOVED IN BEFORE MY LEASE HAD EXPIRED? This is in Virginia and I know laws differ from state to state. Please some one answer with real knowledge of this type of situation. Thanks

Answer 1

The link below is to Virginia's Landlord-Tenant handbook.  Look there for the section titled "55-248.35. Remedy after termination."

That specifies they can only collect rent up until the new tenant moves in.

Honestly, you may be a bit early on this.  They have 45 days to return your deposit, so you should be getting it by Aug 16.  If you haven't seen that refund yet, give them a call and ask them where it is.  

Since you're dealing with a real estate company, they should know the rules, and they should refund the additional rent along with the deposit.

If they don't refund it, print out that document and go into their office.  I'll bet they cut you a check right there.  

If they refuse, file a complaint with everyone you can.  File for small claims and keep good notes.  

Answer 2

The question is did you give them written notice that you were leaving?  If you didnt, then you are responsible for a fee, for breaking the lease. Usually its 2 months rent.  Which in this case you paid and left.  However if you didnt give notice, just turned in your keys, they have every right to rent it out and keep your money.  Its the penalty (fee) for breaking the lease.  Just because the lease ends on 8/31 doesnt mean you have to move.  It just either goes to month to month or you renew it as it was.

Enjoy your new home and forget about it.  Shut off  the utilites that are in your name now. Since you didnt get them out of your name right away, then what ever was used in Aug, falls on you.  Nobody owes you anything, except maybe your deposit if there were no damages.

Answer 3

Good question, but I'm just not sure.  I know who to ask though.  Call the Office of Consumer Affairs at 1-800-552-9963.  Good luck.