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Can I Collect Rent??

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Jjanus2

Junior Member
What is the name of your state (only U.S. law)? California

Currently I am on an extended trip with my wife overseas.

I'd like some input on a current situation that I am in.. Any and all advice is welcomed.

Ok, here goes... I leased my fully furnished apartment to a tenant that was supposed to occupy the property from 12/1/2016 - 4/1/2017. As of 1/23 the tenant let me know that he would be relocating but would have no issue completing his financial end of our agreement (he would continue to make payments until the lease ended on 4/1). I was not to return his security deposit until I returned to the country and he had completed all of his financial liability with me.

Upon him leaving the property on 2/3 I had a trusted friend inspect the unit which was left in great condition.

I have since decided to lease the apartment to another tenant who as of 2/13 is occupying the apartment. The previous tenant is to pay $1200 every two weeks and made his on time payment as of 2/13... 2/13 is also the same day that the new tenant arrived.

I received a message from the previous tenant on 2/14 stating that he is aware of a new tenant being in the property and he subsequently requested an immediate return of his security deposit as well as the payment that he made on 2/13.

What should I do? He has threatened civil litigation against me. From where I'm sitting I feel that he is still on the hook for the remainder of the lease and that the most recent payment shouldn't be returned. Also, I feel that he should not receive his deposit until he completes paying out the remainder of our lease agreement.

So again.. What should I do???
 
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Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

Currently I am on an extended trip with my wife overseas.

I'd like some input on a current situation that I am in.. Any and all advice is welcomed.

Ok, here goes... I leased my fully furnished apartment to a tenant that was supposed to occupy the property from 12/1/2016 - 4/1/2017. As of 1/23 the tenant let me know that he would be relocating but would have no issue completing his financial end of our agreement (he would continue to make payments until the lease ended on 4/1). I was not to return his security deposit until I returned to the country and he had completed all of his financial liability with me.

Upon him leaving the property on 2/3 I had a trusted friend inspect the unit which was left in great condition.

I have since decided to lease the apartment to another tenant who as of 2/13 is occupying the apartment. The previous tenant is to pay $1200 every two weeks and made his on time payment as of 2/13... 2/13 is also the same day that the new tenant arrived.

I received a message from the previous tenant on 2/14 stating that he is aware of a new tenant being in the property and he subsequently requested an immediate return of his security deposit as well as the payment that he made on 2/13.

What should I do? He has threatened civil litigation against me. From where I'm sitting I feel that he is still on the hook for the remainder of the lease and that the most recent payment shouldn't be returned. Also, I feel that he should not receive his deposit until he completes paying out the remainder of our lease agreement.

So again.. What should I do???
You can't "double-dip" as a landlord. Since you're collecting rent from a new tenant, you shouldn't be collecting anything from the prior tenant after the date the new tenant started paying rent.. Furthermore, you need to return his deposit.
 

Gail in Georgia

Senior Member
Did your new tenant being paying rent upon move in on 2/13/2017?

If so, your previous tenant would owe you rent from 2/1/2017 through 2/12/2017 and no longer.

You cannot "double dip"...and certainly not in California which is an very tenant friendly state.

Return your previous tenants rent payment he made for 2/13/2017. You have also indicated he left the rental unit undamaged. He would then deserve his security deposit (perhaps minus any advertising costs you expended to re-rent the unit).

If sued the argument is that you have not suffered any financial loss in this matter. Thus, you cannot legally require this former tenant to continue paying until his lease would normally expire while you are continuing to receive rent on this unit from another tenant. Doesn't matter where you are sitting regarding this issue....frankly, you're sitting in the outhouse regarding this.

Send his money ASAP and hope that he doesn't follow through with his threat to sue the socks off of you regarding this.

Gail
 

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