Ask a landlord-tenant lawyer and get answers ASAP
Good afternoon,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
The agreement made between the landlord and you has been breached by the landlord. Is seems clear by his actions that he has no intention of returning any unearned rent to you and that you are now going to be forced to sue the landlord---probably in small claims court---for the money that he owes you.
Small claims court is inexpensive and you don't need an attorney to represent you. You can sue the landlord and have your trial generally within about 6 weeks. You will also get a judgment against the landlord for the costs of filing the lawsuit in small claims court,
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Please remember to rate my service to you so that I can be compensated for helping you.I wish you and yours the best in 2015,Doug
Bring the new tenant as proof that it was rented, or subpoena the landlord's custodian of records to come to trial with the rental records for the apartment. Your word is proof of the agreement that he would return unearned rent to you. If he is going to perjure himself you cannot stop that. Your contract in this matter was an oral contract and all you can do is try to convince the judge that this was the agreement.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Kindly, remember to rate my service to you. That is how I am credited for assisting you.I wish you and yours the best in 2015,Doug
You subpoena the tenant, or you subpoena the custodian of records for your landlord. The landlord is not required to bring his records to court---and won't absent a subpoena from you.
The law does not mandate he cannot take double rent. Your claim is based on contract---the agreement you entered into with him.Would you be so kind as to rate my service to you.I wish you well,Doug