Legal Question in Real Estate Law in California
Landlord takes deposit money
My husband and I had a month-to-month lease agreement with our landlord. We found out that we needed to move on the Sept. 11th and gave him 30 days notice as of the 11th. We had an agreement with our landlord that if we found him a tenant to move in as of the first, we wouldn't have to pay rent for the remaining 11 days on our lease. We held an open house and found a tenant that our landlord liked, and that agreed to rent the house as of Oct. 1st for $100 more a month.
The new tenant signed a lease with our landlord as of Oct. 1st, and 5 days later our landlord received a note from her backing out of the deal. Our landlord thinks it's his right to subtract the 11 days from our deposit because she backed out. My husband and I feel that the new tenant signed the lease, and that would nullify our contract with our landlord. We feel that it's the new tenant's responsibility to pay for a month's rent, and that we shouldn't have to pay for 11 days/$650.00.
But we are not lawyers, so any advice you could provide would be greatly appreciated. Thank you!
2 Answers from Attorneys
Re: Landlord takes deposit money
Could go either way. If your landlord signed a lease with the other person, and released you from obligation, then his actions should be with the new person. Did she give him a deposit? That is where his money should come from.
this is a small claims court issue, and those can go either way. Good luck.
Re: Landlord takes deposit money
To get your money back, you must prove that the landlord could reasonably have avoided the lost rent. Showing a new tenant rented the unit is usually enough, but here the new tenant backed out.
Why did the tenant back out and could the landlord reasonably have collected the rent anyway? I expect you would have to go to small claims court to get answers and possibly a refund.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
