Is a new tenant allowed to have furniture delivered to rental apartment while the current tenant still has a lease agreement in place? The current tenant moved out, surrendered keys early, and paid rent until the end of the term. at key surrender, tenant/landlord signed that tenant is not liable for any damages to apartment after early move out. But current tenant is still on lease. Do I need an addendum or is what is in place okay? Landlord also agreed to pay tenant for days if new tenant moved in early. If it is furniture delivery only, does landlord need to pay for the days? Is new tenant to write current tenant a Check?
Your asking a lot of questions here which an attorney should not answer until he or she read the lease. between the parties. I suggest a consultation with a lawyer if it is that important to you but it will probably cost your more than what its' worth.
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A tenant can do whatever a landlord allows; if the landlord is allowing the new tenant to have furniture delivered before the new lease term begins, that is the landlord's business. You have not specified whether you are the new tenant or the old tenant, but it seems that you must be the former tenant and concerned that you could be held liable for any damages that might occur either to the rental property or the new tenant's furniture before the current lease term expires and the new lease begins. If that is your concern, I don't really see it as being a problem for you. Once you have surrendered the key, you are no longer considered to exercise any control over the property or what happens therein, so you could not be held responsible for anything. It seems that you are looking for reimbursement from the landlord or the new tenant of a portion of the rent you paid based on the new tenant moving in early, which assumes that he is paying additional rent for the extra days. If the landlord is not charging the new tenant any per diem for the extra days becuase the tenant is not really moving in, just having furniture delivered in advance of the lease start date, then you may not be entitled to any reimbursement. Unless your agreement with the landlord to "pay for days if the new tenant moved in early" is in writing, you would be hard-pressed to prove what the terms of that agreement are. You chose to move out early and should expect to be held responsible for the full term of your lease.
I suggest you buy out the old tenant's right to come in and take away that furniture in his living space. Essentially make him an offer to sell his retained right to occupy, and make sure you have no liability.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
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