Legal Question in Real Estate Law in California
we have a 12 month lease for our rental house that expires the end of June 2010. It seems like the tenant who signed the lease left and has another family living there now who was helping him. They were paying him rent, but our tenant stopped paying us rent. He owes us for May and June. The family would like to stay there and has agreed to a new lease. If we sign a new lease with this family, will that affect us in trying to collect the past due rent from our original tenant who signed the lease? What steps can I take in collecting the past due rent and charge him for the damages made to our house?
2 Answers from Attorneys
I recommend a three-party solution to this problem. You have committed the property to tenant #1 by giving him a 12-month lease, and until that 12 months runs, you have nothing to rent. However, since everyone seems to have a solution, rather than breach and litigation, in mind, try to work out a deal substituting the new lease for the old, or assigning it. Then, consider taking action against the non-paying tenant, or working out a payment plan. Did you get a security deposit from him?
The lease ends in June, the tenants have already vacated, you simply sign a new lease with the new tenants effective July 1. Then you have a simple small-claims breach of contract action against the old tenants for May and June rent, and the damage, less any deposit.
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