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landlord let the new tenant in before our lease was up

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dubroff

Junior Member
What is the name of your state? California

We broke our lease by one month becuase we bought a home. Our landlord negotiated that we should pay the agent's fee of $1000 deducted from our security deposit of $3300 in lieu of paying the last month of our lease. We signed a document agreeing to this. The day before the end of our lease, the new tenant called me ?? and asked if she could go into the house to clean. I said no and I told the agent I would not agree to that. On July 15 (last day of our lease and the period through which we paid the rent I drove by the house to see the new tennant in the house cleaning. I told her I did not approve her being in the house and she said the landlord OK'd it and gave her the key. We told the landlord that we no longer agreed to pay the $1000 agent's fee because of his breaking the agreement by letting the new tenant in while we were still paying. He now says he's keeping the $1000 because we paid the rent late during our time there.

Can he charge us late fees now?

Do we have a case in telling him we no longer agree to the deduction of the agent's fee from the security deposit because he let the new tenant in without our permission?

How long does he have to send us our remaining security deposit?
 


Hot Topic

Senior Member
If the landlord can prove that you paid your rent late, and the lease stipulated a late fee if it wasn't paid in a certain timeframe, yes, you can be charged late fees. A "grace" period is allowed by some landlords but isn't legally required. I believe that if the due date for rent is on a weekend or holiday, you can't be considered late if you don't pay on that date but pay the next day or the following Monday.

The landlord has 21 days to return your security deposit. Any damage you do beyond normal wear and tear can be taken out of the deposit. The landlord needs to provide receipts of the repairs done or proof that he has contacted someone about repairing it.

Below is some material taken from a California attorney's website on breaking leases:

The general rule is that you are responsible for all of the rent for the remainder of the lease period, whether you live there or not.*Some rental agreements look like leases because they say you don't get your security deposit back if you don't stay the full year, but on closer examination, they are just month-to-month agreements with illegal non-refundable security deposit provisions in them. Be sure of what you have.
*** If you have no legally valid reason for breaking the lease, the landlord is still obligated by law to minimize the impact of your breach by trying to re-lease the unit. The legal term is "mitigating damages." For example, you leave in month 4 of a year lease. The landlord tries to re-rent it, and finds someone to pay the same rate starting month 6. You owe the rest of month 4 and all of month 5, but not thereafter. The landlord cannot collect double rents.* In the alternative, the landlord finds someone who will rent your $1000 apartment for $900 starting the day after you leave. You would then owe the $100 difference for the remainder of your lease term.* In contrast, if the landlord does not try to re-rent the unit, and you can show that, the landlord gets nothing from you, because of the failure to mitigate damages.* In between is the gray area, where the landlord makes minimal efforts to re-rent, or rents at a higher rate than you paid. The judge would have to determine whether this was a mitigation of damages.*
*** If you have no legally valid reason to terminate the lease, your best approach is to put the fact of your leaving in writing to the landlord, and keeping a copy, mentioning that your unit will be available for viewing by prospective tenants under Civil Code 1954 [reasonable advance (like 24 hrs) notice, business hours only]. You can also put your own ad in the Recycler or equivalent [freebie ads], and have the prospective tenants call you. Write down their names, work and home numbers, and then forward them on to the landlord as replacements. If the landlord claims they couldn't find anyone, you have a list to contest that, and show their failure to mitigate damages.
*** A legally valid reason to break your lease is not that you've moved out, that your life has changed in some way, that your co-tenant has left, or that you've run out of money.** A legally valid reason for the termination has to do with the unit, itself. If it burns down in a fire, or is yellow-tagged after earthquake damage, obviously the lease ends. However, you can find a legally valid reason for eviction based upon uninhabitable conditions.*
*** Civil Code 1942 authorizes termination of the tenancy [of whatever kind] without notice, upon vacating the unit, where the reason for leaving is uninhabitable conditions. The conditions do not have to be so severe as would entitle you to withhold rent. Rather, they are within the same category [and statute] as repair and deduct remedies. That is, if the condition negatively affects habitability, you can either repair and deduct or just leave.**
*** Most rental units have something wrong with them: missing front door deadbolt locks, missing screens, inadequate trash receptacles, defective electrical outlets, slow drains, etc.. If you have a reason like this, and obviously the worse they are the better the reason is, you can legally terminate the lease, even if coincidentally you got transferred to Chicago.* You do need to have given reasonable advance notice, but that can have been oral. If you had mentioned the defect to the manager last month and it still wasn't fixed, you would want to say that in your letter of termination, so that the record of your reasonable advance notice would be read by the judge.* Uninhabitable conditions which the landlord fails to fix in a reasonable time are legally valid reasons to terminate your lease.* And yes, pictures and witness would be nice, just in case you need to prove it later.
*** Sometimes, the landlord will agree to terminate the lease, but for a price. Watch out for the terms. A decent release clause should say that if you pay one month's rent, they release you entirely from the rest of the lease. Sometimes, however, the management company tells you that you have to pay them some money to be "released", but will still owe them money for the time until they get the place re-rented; you would be paying the "release" money for nothing, since the rest is all you would owe anyway.**Make sure you aren't giving up your deposit, too.* Sometimes they say you're "released" from the lease, or "don't worry about it", and then they hit you with a bill or judgment for the remainder of the lease.* If they are sincere about it, they'll put it in writing.*
 

BL

Senior Member
You were out of the prior rental , in a New Home , and are nitpicking over one day the New Tenant wanted to clean ?

Please ?
 

dubroff

Junior Member
Blonde Lebinese said:
You were out of the prior rental , in a New Home , and are nitpicking over one day the New Tenant wanted to clean ?

Please ?
Yeah, well he wouldn't let us out of the lease, and insisted we pay though 7-15, but then he lets the new tennant come in. why not let us out one day early and have the new tennant pay? He thought he would sneak behind out back instead of getting our approval. Did you read that he is having us pay for the agent to find the new renter? I was also told we are laible for the house through our lease period. what if something happened on the one day the new tennant was there?
 

xylene

Senior Member
The landlord broke the agreement.

He cannot keep 1000 dollars because he 'realized' you paid rent late. Too late for him.

He did not have to allow you out, but you don't owe him or the new tenant any favors.

See what he keeps from security.

If he keeps the 1000 dollars, then write him a demand letter for it.

Then sue.
 

acmb05

Senior Member
xylene said:
The landlord broke the agreement.

He cannot keep 1000 dollars because he 'realized' you paid rent late. Too late for him.

He did not have to allow you out, but you don't owe him or the new tenant any favors.

See what he keeps from security.

If he keeps the 1000 dollars, then write him a demand letter for it.

Then sue.
Then lose in court because the landlord can then countersue for the remaining rent for the entire month.

You broke the lease and in turn for that you agreed to pay her agents fee to find a new tennant. So now you pay the fee and be done with it.
 

xylene

Senior Member
dubroff said:
We broke our lease by one month becuase we bought a home. Our landlord negotiated that we should pay the agent's fee of $1000 deducted from our security deposit of $3300 in lieu of paying the last month of our lease. We signed a document agreeing to this.
Couldn't be more clear.

The landlord had no right under the original lease OR the written termination agreement to allow the new tenant to take possession early.

That is absolutely crazy.

acmb05 said:
Then lose in court because the landlord can then countersue for the remaining rent for the entire month.
Please logically explain that conclusion.

The landlord ALLOWED the new tenant to take possesion of the apartment, while it was still the original tenants apartment, under the lease and the argeement to leave early.

How do you find that acceptible?

acmb05 said:
You broke the lease and in turn for that you agreed to pay her agents fee to find a new tennant. So now you pay the fee and be done with it.
NO ONE is confused about that acmb05.

Except that isn't what happened.

The landlord decided to make his new tenenant happy by infringing on the lease and termination agreement.

Happy countersuing! :)
 

acmb05

Senior Member
xylene said:
Couldn't be more clear.

The landlord had no right under the original lease OR the written termination agreement to allow the new tenant to take possession early.

That is absolutely crazy.



Please logically explain that conclusion.

The landlord ALLOWED the new tenant to take possesion of the apartment, while it was still the original tenants apartment, under the lease and the argeement to leave early.

How do you find that acceptible?



NO ONE is confused about that acmb05.

Except that isn't what happened.

The landlord decided to make his new tenenant happy by infringing on the lease and termination agreement.

Happy countersuing! :)
Omg the landlord allowed someone to come in and clean on the last day of tennancy. Op said nothing about anything being moved into the home.

Quite frankly I think the OP is being petty as hell by not allowing them to clean it before they moved in. I could see if he had stuff in the place still and was afraid someone would steal his stuff but to complain about a couple of hours is completely stupid and utterly childish.

The landlord could have easily told them that they would have to pay the last month and did them a favor by allowing them to leave and terminate the lease early and now he is bitching about a few hours.
 

acmb05

Senior Member
Btw he cannot keep anything for late fees after the fact. He also won't be able to come back and say that stuff was messed up and charge you for it because new tennant took possesion imediately.

Be happy that all you have to pay is the listing fee, as I said you could have easily been made to pay for the remainder your lease.
 

dubroff

Junior Member
acmb05 said:
Omg the landlord allowed someone to come in and clean on the last day of tennancy. Op said nothing about anything being moved into the home.

Quite frankly I think the OP is being petty as hell by not allowing them to clean it before they moved in. I could see if he had stuff in the place still and was afraid someone would steal his stuff but to complain about a couple of hours is completely stupid and utterly childish.

The landlord could have easily told them that they would have to pay the last month and did them a favor by allowing them to leave and terminate the lease early and now he is bitching about a few hours.

All the landlord had to do was call us as he has many times to get approval to let the new tenant in. He didn't, he thought he would get away with it. Also, weren't we responsible for the house through the last minute of the lease? What if something happened to the house while the new tenant was "cleaning"?
 

dubroff

Junior Member
acmb05 said:
Btw he cannot keep anything for late fees after the fact. He also won't be able to come back and say that stuff was messed up and charge you for it because new tennant took possesion imediately.

Be happy that all you have to pay is the listing fee, as I said you could have easily been made to pay for the remainder your lease.

If the new tenant reports any problems with the house that they may have seen on the last day of our lease ( although we left it in good condition) can't our landlord charge us for them?
 

ENASNI

Senior Member
Holy Moly

This is all hearsay; we do not know what will happen in a court if the OP decides what to do. The Landlord was wrong in doing what he did. They have the 21 Days to return the deposit of the cleaning and such that I guess the new tenant did. (?) That is nice but is strange anyway BUT yes any damage they could have done could be construed to them if the lease/rental agreement time said the damage was done before the new tenant moved in. It is all strange and convoluted and there is no real answer to this truly.

Let us just see if the OP does anything anyway.
 

dubroff

Junior Member
John Se said:
and get something better to concern your self with, You are petty and vindicitive

No need for a personal attack on us!! I just wanted to know what the law is. You have no idea what this landlord put us through over the last two years...i.e. there is a history with the landlord that is, I realize, not relevant but we were pushed to the edge over many issues he refused to address with the house we were renting from him.
 

BL

Senior Member
ENASNI said:
This is all hearsay; we do not know what will happen in a court if the OP decides what to do. The Landlord was wrong in doing what he did. They have the 21 Days to return the deposit of the cleaning and such that I guess the new tenant did. (?) That is nice but is strange anyway BUT yes any damage they could have done could be construed to them if the lease/rental agreement time said the damage was done before the new tenant moved in. It is all strange and convoluted and there is no real answer to this truly.

Let us just see if the OP does anything anyway.
And now you have it .. :D They broke their lease , made a deal , and the few hrs./ one day is personal , not legal . Unless they have it in writting the landlord waived the agreement and is now stated he's keeping it for back rent , it won't hold water .

Let them battle it out in Court if they wish .
 
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