Legal Question in Landlord & Tenant Law in California
apartment rental
On 10/05, our tenant gave us is 30 days notice for terminating the rental. We found a new tenant 10/12, signed a rental agreement and received a deposit. We informed her that the actual tenant had until 11/04 to vacate the place plus a couple of days to check the unit .She had a place to stay and didn�t have a fixed date to move and the rental agreement doesn�t specify an actual date of availability. She came back on 11/27 to take measurements of the apartment and saw that the actual tenant had made little progress as far as moving. On 11/03 the actual tenant informed us that he wouldn�t be able to have the place emptied and cleaned until 11/05.On 11/04 we received an email from the new tenant advising us that she wouldn�t be moving in because the place wasn�t ready and ask us for her deposit back. Can you tell us what our legal rights versus: The actual tenant for being late and causing a future tenant to rescind the agreement. Can we use portion of the deposit to this effect. Since it�s 11/05 has he started a new month cycle and if so, what amount of rent does he owe us?- The New tenant for not fulfilling the rental agreement, can we use her security deposit in lieu of a 30 day notice for terminating the a rental agreement.Thks
1 Answer from Attorneys
Re: apartment rental
I assume that what you call a "rental agreement" was a lease.
Under normal circumstances, a written contract (i.e. lease) cannot be changed by oral agreements, so your original lease is likely to be in effect. Unless there was some kind of provision covering the circumstances here, you are entitled to damages. (It would be easier to help if you could scan, e-mail, or fax me the original lease with the new tenant).
You also are entitled to collect unpaid rent from the 5th on at a pro-rated daily basis from tenant #1. You also can receive damages from tenant #1 for not moving out on time (in addition to pro-rated rent). It would also be a help for me to see that lease.
Because of the complicated circumstances, I suggest you retain an attorney to write letters to both parties, delineating the financial aspects of both of their failures to perform.
If you need more help, please feel free to e-mail me the requested leases, at your earliest convenience. Do not "drag your feet" on this.
Good luck!
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