Pomona, California
In March of this year I signed a fixed term 12 month lease with 2 tenants and 1 co-signer for a rental property in Pomona, CA and the landlord on the lease is the company that I own and tenant pays check or cash for rent to the company on a monthly basis. In November the tenant asked to be released from the lease as they cannot afford the rent anymore and the lease is not expired until March of 2014. I drafted a lease amendment agreement with the terms that Tenant has to move out by end of November and give up security deposit for breach of contract as well as paying for a final bill of all damages and repair along with rent past due (I never received the rent for November 2013).
So I finally send the tenant the invoice for the damages and repair after they moved out but now they are ignoring my final bill. The question I have is:
1. Can I file a small claim court against the tenants for the monetary damages on behalf of my company ? Since they own my company and not me I don't know if I can represent my company to file a suit in small claim court.
2. What is the maximum amount I can sue for ? The final invoice is about 2900 which include the rent they own me for November and all the damages they did to the property which I can prove with invoice. However they actually breached the lease and own me 4 months of rent (around 5000) and I adviced them that if they breach the agreement (to exit early) they will be responsible for 5000 as they are essentially breaching the lease.
At this point I have not been able to re-lease the property so I wonder if their early exit is probable clause for suing for damages of my loss rent revenue now that they ignore my final invoice which I told them it is a condition which they have to fulfill as part of the early exit proposal.
Any advice will be greatly appreciated.
In March of this year I signed a fixed term 12 month lease with 2 tenants and 1 co-signer for a rental property in Pomona, CA and the landlord on the lease is the company that I own and tenant pays check or cash for rent to the company on a monthly basis. In November the tenant asked to be released from the lease as they cannot afford the rent anymore and the lease is not expired until March of 2014. I drafted a lease amendment agreement with the terms that Tenant has to move out by end of November and give up security deposit for breach of contract as well as paying for a final bill of all damages and repair along with rent past due (I never received the rent for November 2013).
So I finally send the tenant the invoice for the damages and repair after they moved out but now they are ignoring my final bill. The question I have is:
1. Can I file a small claim court against the tenants for the monetary damages on behalf of my company ? Since they own my company and not me I don't know if I can represent my company to file a suit in small claim court.
2. What is the maximum amount I can sue for ? The final invoice is about 2900 which include the rent they own me for November and all the damages they did to the property which I can prove with invoice. However they actually breached the lease and own me 4 months of rent (around 5000) and I adviced them that if they breach the agreement (to exit early) they will be responsible for 5000 as they are essentially breaching the lease.
At this point I have not been able to re-lease the property so I wonder if their early exit is probable clause for suing for damages of my loss rent revenue now that they ignore my final invoice which I told them it is a condition which they have to fulfill as part of the early exit proposal.
Any advice will be greatly appreciated.
