Legal Question in Landlord & Tenant Law in California

I had a new tenant sign a month to month lease and gave first months rent with the deposit. The check cleared and 4 days later he stated he changed his mind. I gave him his deposit back and told him I would prorate the rent to give back to him if I could find another tenant. This is in CA. Am I obligated to give him back his rent for the month he did not move in?


Asked on 3/06/11, 8:21 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You are following the law. To be extra safe, within 21 days of his telling you of the change in mind, send him a registered letter stating that he gave you $x as a security deposit and you gave him that full sum back on , and that he gave you $Y on as first month's rent and you told him that under the lease he signed he is liable for the rent for thirty days from the date he told you he did not want to go through, plus the days you took it off thee market because he gave you a rental check and signed the lease, but that you are attempting to mitigate damages byre-renting ASAP and once you have a tenant in and it is clear that they will be staying and paying the rent, you will refund the prorate amount.

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Answered on 3/06/11, 9:21 pm

Mr. Shers is right but leaves out an important detail. In order to charge rent until you get a new tenant in, YOU, not the defaulting prospective tenant, must take all commercially reasonable steps to find a new tenant. If you fail to do so, you are not entitled to collect rent from the defaulting prospective tenant.

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Answered on 3/07/11, 9:14 am


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