North Carolina Landlord collecting double rent

[lagadi]

We moved out 2 months before our lease was up and paid the rent as required while living in our new location. Our apartment manager notified us a week ago that they had leased to a new tenant and we woud be getting our remaining rent back as of July 9 through July 31. We gave them a full week to reimburse us and today we called to see what the hold up was for our check and they said it would take another three weeks for a check to be sent. That means they are in possession of our rent payment and the new tenant's rent payment. I remember the attorney general of North Carolina's website saying clearly that a landlord cannot charge rent twice. I have tried to get help from our Attorney General office but can't get a return call. I also am having trouble finding that site that mentions the requirement for the landlord to reimburse you in a timely manner for your rent refund due when a new tenant assumes your apartment. Any advice out there? Really need the money, been paying double rent for two months and need to feed my family. Thanks

[elklaw]

You are not being charged rent twice. When you left, they had a duty to mitigate damages and re rent the place, and they did and were refunding you the money for the time period when there were new tenants after you left. You are just experiencing a delay in getting money back. And that is not unusual. Even big companies take 30-90 days to send refund checks, and I mean 30-60 days after the refund period, so my guess is the check will be processed more like end of August.