Apartment rented out my space before end of lease

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Old Jul 6th, 2009, 05:33 PM   #1
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Default Apartment rented out my space before end of lease

In Illinois, I signed a one year lease with a downtown apartment complex

I decided to leave 10 months into my lease but I decided to pay ahead the last 2 months (since I knew I legally had to pay it). The apartment complex KNEW I was leaving as I gave them back the keys and let them know.

I find out through ComEd (power agency) that someone else put their name on my apartment power-wise thus meaning the apartment complex RENTED OUT my place for the final month....full month mind you, not just 1-2 weeks left.

Can I get a refund back? Shouldn't they have told me? It can't be legal to charge rent for 1 place two times, can it?

Some friends say they can, others say they can't. Bit confused
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Old Jul 6th, 2009, 08:45 PM   #2
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Default Re: Apartment rented out my space before end of lease

Are you sure it was the new tenant who put the ConEd bill into their name and not the apartment management (for the purpose of showing the property)? Do you have the documentation to prove who turned it on and when? Do you know for sure that someone moved during those last 2 months of your lease?

These questions must be adressed to ensure that your suspicions are correct before you jump to conclusions.

If it can be proven that the LL rented out the apt during those last 2 months that you paid for, then YES, you are entitled to a refund. LL can only collect rent from the old tenant to the end of that lease or up until the time a new tenant replaces the old, whichever comes first. LL is *NOT* allowed to double-dip, I.e., get paid 2x for the same rental unit.

Confirm your suspicions, then write a letter to the LL (send certified, return receipt requested) demanding a refund of the rent you paid on the unit once it had already been rented to another tenant. Make it very clear that if they do not refund your unused rent immediately that you will take them to court - and then DO IT if warranted.
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