Help?

[Kittrell]

So here is the deal. My sister recently moved out of here last apartment. She neglected to give the required 60 days notice (lease was up). She gave 30 instead. The management told her that if they got the place rented out, that she would not be liable for another months rent. And they would basically let it slide that she only gave 30 days. Well when she went back into the office last week, the manage told her, good news, that they rented the place out. It only sat empty for two weeks max, after the end of her lease. Which I take as time for the management to clean the place up to get it ready for the next tenant. Yesterday she got a "bill" from the complex for 400 some odd dollars. Saying that she was required to pay that amount for failure of proper notice. Which I believe is in the amount of her base rent/lease agreement.

Now they rented the place out already. And my sister vacated back in March, 3 weeks before the end of her lease, to give them ample time to get the place rented out asap. So they are basically charging her for rent on a place that she no longer occupies, and also rent to the new tenants who now occupy this space. I've been digging around in the Colorado Landlord-Tenant Laws, and I really can't find anything. But I'm wanting to say that charging two different people rent for the same place, one of whom no longer occupies the space would be illegal. The manager she originally spoke with was not there when she went back in with that bill. So she is going to talk to them on monday. But I was wondering if there is anything she can take in their to aid her situation just in case.

 

[Kittrell]

As far as I can see, the most they can do is pro rate her for the week or so she wasn't in the place.

 

[trailrunner]

ck the colorado law on notice of vacate,believe it is 30 day notice.

 

[philip_g]

ck the colorado law on notice of vacate,believe it is 30 day notice.

It is, and can be longer depending on the lease.

I personally wouldn't charge someone if I had it rented out right away but until that 30 days is up I'm sure they can.

 

[Sting25]

Since she gave 30 days she should be ok, I did this last year I had a 60 day clause in my lease. Colorado laws say its 30 so thats what they have to go by.

They cannot double charge rent on the same apartment at most she would be responsible for relisting/Cleaning fees etc...

Also if it passes 60 days and they dont give give her back the deposite they have to pay interest as well My old landlord dosnt like me so much anymore...

 

[JohnJohn]

She should only owe from the time the unit was inspected to the time the new tenants lease took affect.

 

[philip_g]

Since she gave 30 days she should be ok, I did this last year I had a 60 day clause in my lease. Colorado laws say its 30 so thats what they have to go by.

No, the contract you sign is binding.

 

[hjeepxj]

No, the contract you sign is binding.

Yep, they could put 120 days in there and if she signs it, she is liable.

HOWEVER. I do think she will have a "case" based on the fact that people are in there. Im 90% sure there is a law that they can NOT collect the same rent from 2 different sources. IE this situation. If they are making $XXX.XX for April's rent from joe blow, they cant collect $XXX.XX from your sis for that same time.

I shall look it up, I know it is in the State statutes somewhere, online - I went through a situation similar to this.

What she ideally should have done is drafted a "contract" that released her from the contract at that time, based on _x_ conditions.