Landlord collecting rent from 2 tenants

[jenni867]

Mesa, Arizona
I notified my landlord 2 months in advance that we would need to move out prior to the expiration of our lease because my husband has a medical condition and he is only receiving disability income. He agreed.

I paid rent for the full month of September and returned possession of the property to him on September 10th. The residence was clean and in better condition then when I originally took possession 2 years ago.

The landlord admittedly signed a lease with the new tenants on September 21, 2008. For this reason I have asked the landlord to provide a prorated refund for the 10 days that he received rent from both me and the new tenants explaing that it is against the law for him to collect rent from 2 tenants for the same property for the same period of time. This is considered, double rent, and not permitted under the law.

The Landlord has demanded that I provide the specific statute or code that states he can not collect rent from both tenants.

All of the research I have done confirms that the Lanlord can not collect, double rent, however I can not locate the specific statute or code which states this fact.

Can you help? Please provide the statute or code number(s) I can refer to in my communication with the landlord

Thank you

 

[Michael Wechsler]

It's pretty simple. In Yiddish there is a saying you can't dance at two weddings with one pair of legs (well, that's a good enough translation.) Your lease provides you with exclusive use of the property. He can't make the same promise to another tenant since the right to use the property is exclusive and has already been granted. If it were me, I'd ask him for the money or have the pleasure of hearing him explain his version of the logic before a judge.

 

[jenni867]

I appreciate your feedback and I am glad to know I am correct. I have mailed a demand for the remainder of my security deposit as well as the prorated rent.

I noticed in another post you were able to provide a specific statute / code in reference to their questions.

Is it possible for you to provide me the statute or code that states that a landlord can not have 2 simultaneous leases and collect rent from both parties in Arizona?

The only statute I could locate was specifically relating to abandonment which stated that the lease would automatically terminate upon a new lease being signed with a new tenant. However, I was advised this did not apply in my situation since I had give the landlord over 60 days written notice that I would be moving.

 

[Michael Wechsler]

As I said, there is no code. It's common sense and one of the agreements is breached. If you promise me and promise someone else the exclusive use of XYZ, one of us is going to be deprived of XYZ and can sue you for breach of contract. If the landlord gave exclusive use of the apartment to someone else then, by definition, the landlord has breached his/her contract to give that exclusive use to you.