Verbally agreement on releasing a lease

[elizpham]

What is the name of your state (only U.S. law)? CA

We are first time landlord and seeking advice on the landlord right. We rented our house to this couple who agreed to sign a 2 years lease. After move in, they had a complaint on pet damage in 2 rooms downstair. We did try to accommodate them by sending a carpet cleaner to shampoos and treat the areas but that didn't work according to them. They wanted us to change the carpet. Since the house is less then 3 years new, we felt the carpet is still in excellence condition and only agreed to change the padding. However, we did verbally told that if they are not satisfied with the padding change, we are willing to relase them from the lease since we don't like to deal with demanding tenant. Two days after that conversation, our tenant told us that they are moving out in 4 days. We have asked for writing notice but they refused to provide. They also wanted their deposit back before move out but we didn't give in.

My questions are below.

Even though we gave them the verbal agreement on releasing the lease, (1) Are they required to provide us 30 days notice in writing? (2) Are they entitled for a refund of prepaid rent since March rent was paid in full and they moved out on 3/14 or can we use the prepaid rent for the loss of rent until we find new tenant. (3) Basically, are they breaking the lease since we didn't sign the release form yet?

Your help and advice is greatly appreciated.

Thanks,

 

[CA LL]

Honestly...I think you should let them move since you gave your word you would.

And I just have to comment...how well did you personally go through the unit while vacant in between tenants? Pet smells are awful and typically come up stronger if/when the carpet is shampoo'd...old ones tend to "refresh" and in a few days it can be unbearable.

How would you feel if you moved into a place that smelled like pet urine/feces? I know I wouldn't like it a bit. Your responses seem to imply you agree there was a problem but that you weren't willing to remedy it..replacing only the padding will NOT solve the problem. You shouldn't rent places until they are 100% rent ready even if it means money out of pocket.

So since you gave your word verbally and you admit there is a problem and you also say you don't want them as tenants..let them go, the sooner the better. But sure you could try to hold them to 30 day notice..but I sure wouldn't in this situation. Also it sounds like you didn't even personally go over after the shampoo to check it out which is why I asked how well you personally went through the unit before they moved in.

I can't think of anything more gross than moving into a place that smells like pet urine from previous tenants!

So you choose....good ethics or not. I might tell them I'd keep March rent but refund everything else...though if it really is a problem...I probably would give them back everything except the 14 days rent if they really move and leave the place as it was.

This answer will not agree with "legal" advice I would give. But in this business sometimes you have to own up to issues that exist because of something on your end....and this sounds like it. If you had posted saying no one ever lived there with pets or that they just decided they didn't like the place, I would fully support you retaining money and holding to the letter of the lease/law...but not in this case.

 

[elizpham]

Thank you for your advice.

We just closed this rental property about 3 weeks ago. The house is only 3 years old (built in 2005) and they are the first tenant. The previous owner could have pet but we didn't smell anything when we did the walk through before our close of escrow. The tenant also had their chance to inspect the property when they had their walk through and they didn't complaint at the time. In my previous post, I didn't give you details that we did reach out to them and agreed to change both carpet and padding where there are pet damage. Unfortunately, they came back and wanted new carpet replacement for the entire two rooms and later back down then agreed with padding change only. I guess two days later, they changed their mind and decided to move out.

My problem is that we did try to accommodate them and also allow them to break lease but at least they should give us some decent move out notice not just 4 days.

We intend to refund them the security deposit and but want to keep March prepaid rent to cover the rent loss. Do you think it is illegal to hold their prepaid rent?

By the way, they did move out yesterday but they didn't contact us to schedule the move out walk through or to return the house keys. What should we do in this case? We need to inspect the house and also get it ready so we can show to new tenants.

Thanks in advance for your help.