Tenant Breaks Lease - 21 Days Deposit Return Starts When?

[Zigner]

They are moving with one week notice. I don't agree to them moving and/or terminating the lease. They owe less than the deposit. I would have to return $1500 from their security deposit. Then, sue them in small claims court for $2,100 for "future rent."

I prefer to withhold the security deposit until the termination of the lease (the new tenant moves in). Then, send the Security Deposit Itemization form and invoice the tenant for $2,100.

Ok, quite frankly, you are being dense. One week notice isn't proper notice. You have the option withholding the ENTIRE deposit and sending an itemized list stating that you are doing so. If they sue you, then you come to court and show that you followed the law and you also countersue for your additional damages. If they don't sue you, then you invoice and sue for the remaining lease amount up to the point that you re-rent the unit. Either way, the lease terminates the day they move out.

 

[Morgan05]

One week notice isn't proper notice.

No. The tenant is not giving me proper notice. The tenant is giving me one week notice they are moving. They are breaching the lease. I am not kicking them out. They want to move.

 

[CourtClerk]

No. The tenant is not giving me proper notice. The tenant is giving me one week notice they are moving. They are breaching the lease. I am not kicking them out. They want to move.

What do you think the meaning of 3 day notice to pay OR QUIT means?

You know what? Never mind. Sometimes, the only way people will learn is to lose in court. Go right on ahead and keep their deposit and not send a proper accounting.

 

[Morgan05]

Go right on ahead and keep their deposit and not send a proper accounting.

I AM giving them proper accounting. However, I am withholding their deposit until the lease terminates (new tenant moves in).

I am open and appreciate any and all responses. Thank you.

 

[CourtClerk]

I AM giving them proper accounting. However, I am withholding their deposit until the lease terminates (new tenant moves in).

I am open and appreciate any and all responses. Thank you.

I see you conveniently ignored the statement prior to this so I'll ask you one last time and then I'm done with it. What do you think 3 day notice to pay OR QUIT means? I need you to go ahead and answer that question so you can get through your head that you are asking them to pay the rent or leave (or you'll kick them out). What will happen if after the 3 days they don't pay? What will your recourse be?

What's that you say? To kick them out?

 

[Zigner]

I see you conveniently ignored the statement prior to this so I'll ask you one last time and then I'm done with it. What do you think 3 day notice to pay OR QUIT means? I need you to go ahead and answer that question so you can get through your head that you are asking them to pay the rent or leave (or you'll kick them out). What will happen if after the 3 days they don't pay? What will your recourse be?

What's that you say? To kick them out?

Actually, the OP already said he had no intention of pursuing legal proceedings. I agree with you that this one ought not be a landlord. A professional property manager would probably be the way to go.

 

[FarmerJ]

It wouldn't be so bad for you if your demand notice to the tenant only said pay up in 3 days or ill take you to court, giving them a choice to pay or leave is not going to take you off the hook for following your states deposit law , Your free to hold onto the money to cover the months they did not pay you and still do the notice to the tenant with in 21 days of them leaving other wise even if you still file suit for the balance of unpaid rent & damage over and above the 1500.00 BUT since you are in the uber tenant friendly state of California Id suggest just doing the damn letter right away anyway since fair odds are what they owe you already exceeds the deposit and btw you mentioned future rent your not going to get future rent , work at getting it re rented and say it takes you 3 weeks to find a new tenant for example then you are owed a prorated amount from the former tenant and that any negative difference from the deposit is what you can ask for since that would add up to your actual financial harm. ( not a unproven number )

 

[Morgan05]

Actually, the OP already said he had no intention of pursuing legal proceedings.

Correct. They said they will leave in one week. That is better for their credit and rental history. If they do not, then I will evict them as the last resort, terminating the lease.

If the lease terminates, I will have to go back to court and sue for "future rent." I want to preserve the lease, until I get the new tenant. Then deduct "unpaid rent" from the deposit.

 

[Zigner]

Correct. They said they will leave in one week. That is better for their credit and rental history. If they do not, then I will evict them as the last resort, terminating the lease.

If the lease terminates, I will have to go back to court and sue for "future rent." I want to preserve the lease, until I get the new tenant. Then deduct "unpaid rent" from the deposit.

AGAIN - once the tenants vacate, they have breached the lease and it is terminated. That doesn't prevent you from collecting damages based upon their breach of the lease, but it also doesn't allow you to skip dealing with the deposit appropriately. The fact of the matter is that their entire deposit will be used based on their breach.

 

[Morgan05]

AGAINThe fact of the matter is that their entire deposit will be used based on their breach.

Tenant's deposit is based upon termination of the lease, not their breach. Their breach terminates their right to occupy the premises, not the lease and it's obligations.

The security deposit is due 21 days after the termination of the lease (when the new tenant moves in.)

This is what I gather from other attorneys' old post. However, I want to get other opinions, if I am understanding correctly.

 

[Zigner]

Tenant's deposit is based upon termination of the lease, not their breach. Their breach terminates their right to occupy the premises, not the lease and it's obligations.

The security deposit is due 21 days after the termination of the lease (when the new tenant moves in.)

This is what I gather from other attorney's old post. However, I want to get other opinions, if I am understanding correctly.

It does terminate the lease, but the obligations survive. You simply do not understand, but, by blind luck, you are arriving at the same basic end-point. I would suggest that you consult with a local LL/Tenant attorney for further explanation.

 

[Gail in Georgia]

(sigh)...this is probably hopeless but..

In the example you cited the tenants BROKE the lease and terminated it early; thus, they remain responsible for the remaining rent until a new tenant can be found.

In YOUR situation YOU initiated the Pay or Quit; a very different situation; you gave them the option to pay what they owe or "quit" the rental unit; they chose the latter.

"If the lease terminates, I will have to go back to court and sue for "future rent.""

What in the world makes you believe you can even do this?

Gail

 

[birdbrain53]

Here it is in easy to understand language

The lease was terminated when you told them to pay or get out and they got out.

In 21 days from the date they left YOU have to
1. inspect the rental
2. clean the rental
3. repair anything broken in the rental
4. advertise it for rent and get it rented ASAP
5. add up the expenses for repair and cleaning and deduct that amount plus any unpaid rent until new renters sign a lease, then send the accounting and remaining deposit to the old renters.

In California, 21 days is ample time to do all this. You can't use up all their deposit on "unpaid rent" while you sit around not getting the unit ready to rent.

I'm a California tenant and out of state landlord.

 

[justalayman]

I AM giving them proper accounting. However, I am withholding their deposit until the lease terminates (new tenant moves in).

I am open and appreciate any and all responses. Thank you.

if you withhold more than you are entitled to by your accounting, especially since you are withholding it without a reason, the tenant can sue you and get treble damages.

so, it's your money to throw away. Hope you have lots of it if this is how you intend to play landlord.

 

[justalayman]

The tenant is obligated to pay the rent until a new tenant moves in or the end of the lease term whichever comes, first. Tenant has breached the lease, not me. The 3 day pay or quit does not release the tenant's obligations to pay the rent for the remainder of the lease term. At the end of the lease, I can go back and sue tenant for any back rent.

if you do not follow up on the 3 day pay or quit it is meaningless. The notice allows you to file an unlawful detainer but since you do not intend on doing so, your 3 day pay or quit means nothing, unless they leave due to the demand. Then the lease terminates on the day they vacate and that is when the 21 day count starts for you to send an accounting of the deposit along with a refund of any money not claimed in the accounting.