Legal Question in Landlord & Tenant Law in California

Tenant's Early Lease Termination

Tenant moved into my condo July 10, 2008, signed a 1-year lease and gave me a month's security deposit & $350 cleaning deposit. He called me on 10/30/08 and said he was moving out sometime in mid-December to return to his home in Cathedral City. He told me that he had unsuccessfully sought employment for the past month and had already contacted tenants residing in his desert home to vacate the premises to facilitate his move back there. The lease states that he CAN NOT use his security deposit as the last month's rent and that a $25/day late fee will be imposed after a 3-day grace period. He says he's broke and cannot continue to pay his rent. I told him that he is NOT allowed to use his security deposit as payment. His rent is due today (which I'm sure he won't pay). If I give him a 3-day notice, will I still be able to hold him financially responsible for the remaining months of rent due under the contract plus legal fees as the lease specifies? Also, can I keep the $350 cleaning fee as partial payment for non-paid rent/late fees? How do I go about getting a judgement against him for any loss of rental income. Also, can I require HIM to find a subletter to fill the vacancy--this is a bad time of year to try to find a new tenant!


Asked on 11/10/08, 8:32 am

1 Answer from Attorneys
Richard Pinette Law Office of Richard Pinette, APLC

Re: Tenant's Early Lease Termination

The answer to most of your questions requires a review of the lease. The accounting and retention of any security deposit must comply with California law. Although maybe just a typo, a late fee of $25 per day is excessive and is unlikely to be awarded by a court. I recommend you contact a local attorney who specializes in evictions. Good Luck.

NOTICE: No attorney-client or confidential relationship is created through this communication. The information provided is of a general nature only and does not constitute legal advice or a legal opinion and requires that the poster obtain legal advice from an attorney to protect his or her rights.

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Answered on 11/10/08, 10:16 am


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