• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

my tenant brake the lease she wants her deposit back because I got a new tenant right

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



TJNJmom

Member
If your tenant broke the lease they are responsible to pay for the term of the lease agreement. If that means you taking the security deposit to cover those months then you are able to do so. At least in my state. You can contact your local county court house landlord/tenant court and get the book of landlords rights and double check in there. If she takes you to court for it you have a valid reason and should win the case.
 

sandyclaus

Senior Member
Ignore the last reply

Yes, in SOME states you might be able to keep the deposit, but not in California.

The deposit is intended for use to recover damages to the rental unit and unpaid rent for the balance of the lease term.

However, CA law also says that you cannot collect double rent for the same unit. Since your tenant broke their lease, you would be able to charge them for EITHER: the remaining term of their lease, OR lost rent up until you find a new tenant to replace the former tenant. NOT BOTH.

If the tenant failed to give proper notice, you can charge for the remaining days that make up the proper amount of notice, plus the remaining days up to the day that the new tenant took possession. If there is money remaining from the security deposit after damages and the total outstanding rent have been deducted, then you are required by law to refund it to the former tenant.

As the other poster said, you can't charge for "lost rent" when you haven't lost the rent.
 

Zigner

Senior Member, Non-Attorney
If your tenant broke the lease they are responsible to pay for the term of the lease agreement. If that means you taking the security deposit to cover those months then you are able to do so. At least in my state. You can contact your local county court house landlord/tenant court and get the book of landlords rights and double check in there. If she takes you to court for it you have a valid reason and should win the case.
Please post some cite...ANY cite that says a LL can collect double rent on a unit.
 

TJNJmom

Member
I'm sorry I misread that they are right if you have already rented it then you haven't lost any rent and you owe them their deposit and legally if it is not returned back to the tenant within 30 days after they move out then the judge can attach other fees so you may want to give them their money.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top