Legal Question in Landlord & Tenant Law in California
Pre-move-in Lease Breaking & Security Deposit
I signed a lease w/ an apt. bldg. in Westwood. Approx. a week later, I decided I could not move. I called apt. manger, who indicated she would call her supervisor to see what they would do. While waiting for her return call, I put an ad on Craig's list. When people called me, I told them about apt. situation & gave manger's name & number.
Manger called me angrily asking why she was being called about apt. availability. She said I should not have listed it. Moreover, I was to do nothing else until her supervisor told her what the next step should be.
When she called back, she said they would keep $500 of the $1240 security deposit. When I asked about referring Craig's list callers to her, she said I was ''out of it'' & should do nothing. (She stated they would probably ask a higher rent.)
Are they entitled to keep a portion of the security deposit in view of the fact that I attempted to find a suitable person to take over the lease & the manager told me not to do so?????? In addition, does the fact that they are going to raise the rent & may have a more difficult time renting it (they won't - it's in a prime area of Westwood & my rent was going to be way below the norm) entitle them to some of my deposit???
1 Answer from Attorneys
Re: Pre-move-in Lease Breaking & Security Deposit
Without seeing the lease this question cannot be answered specifically as to your case. Generally, if you sign a lease and then refuse to take possession of hte premises, you are in breach of contract. Depending on the terms of the lease and how long it takes the manager to find an appropriate tenant, you could be liable for rent and the costs to release the property.
You have no right to find a new tenant to occupy the premises as the owner/manager is the only one who may approve a new tenant. They, however, must make a reasonable attempt to find a new tenant.
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