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Originally Posted by Frank MetaMusil
When you get down to the bolts of it, if there's no paperwork at all, technically the landlord could just say "what money?"
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Unless the tenant paid by cheque or got a receipt. But yeah, when there's no paperwork it's harder to prove what was actually going on.
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The landlord can't double dip if there's already an existing tenant. He can't keep 2 damage deposits for the same property, nor can 2 agreements for the same property be in force at the same time.
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Well obviously. If the landlord doesn't incur any losses (i.e he rents to someone else for November) then he's not owed anything. And if he doesn't take reasonable efforts to mitigate his losses by attempting to rent it out, then he's also not going to be owed anything either. But if he does make a good faith attempt to find a suitable tenant and still loses rental income as a result of this, then the OP's friend is likely going to be liable for those losses.