Legal Question in Landlord & Tenant Law in California

We are in California. My tenant gave me less than 2 weeks notice. She broke her lease with many months left on it. Without fully realizing what we were doing, we e-mailed her and told her the rent would be this much for the number of days she is staying left. But now, we realize, she is responsible for the lease until it expires. Can we do anything to collect this amount? We have never told her that all she owes is the few days and since then have told her she owes on the whole lease. Finding her is no problem nor is she financially unable to pay. We (the tenant and I) never agreed that we could break the lease. Tenant did not give us a written notice to vacate. She only called us, subsequently changed her moveout date twice and one final e-mail admitting that it would not change anymore and thanking us for our flexibility.

Since she broke the lease and in the lease it says, "Also, in the event agreements made in this lease are broken by tenant, the security deposit will be forfeit at Owner's option.", Are we able to keep the security deposit? Thanks for all help.

We have marketed the house on craigslist, recycler, hotpads, rentspeed, and other websites. Also, have a real estate agent. Thank you for all your help. We really appreciate it.


Asked on 11/01/10, 5:15 pm

2 Answers from Attorneys

As long as you are taking all reasonable steps to re-rent the property, she is liable for the rent until the lease is up, or you move a new tenant in. You cannot make her forfeit her entire deposit for breach of the lease, by the way, but you are entitled to deduct the lost rent from it, which seems will amount to the same thing.

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Answered on 11/06/10, 6:03 pm
George Shers Law Offices of Georges H. Shers

Mr. McCormick is correct. Security deposits can not be made non-refundable. But once she has clearly vacated the premises, which normally menas having returned the keys so that she can not re-enter, you have 21 days in which to inform her in writing as to any deductions or withholding you are making as to the secuirty deposit and return the rest to her. Failure to give that notice results in your giving up your defenses as to the security deposit. If you hired a real estate agent to help rent the unit they should have told you that.

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Answered on 11/06/10, 7:00 pm


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