Legal Question in Real Estate Law in California

Lease termination and security deposits

My tenants broke thier lease after five months due to a job layoff.They called the day before the rent was due to notify me.They stayed one more week and payed me a reduced rate for the week.I informed them I would not be returning thier security deposit{wich was less than two months rent}because I anticipated it would take that long to find a new tenant.They aggreed that I should keep the deposit and I stated I would let them out of the lease.Unfortunatly,this was all a verbal aggreement and now they are threatening legal action if I do not send them an itemized list of deductions and thier remaining deposit.While there was some damage I would normaly have returned a large percentage of thier deposit but believed I was entitled to keep it as per our talk.They acknowledge I have a right to take legal action regarding the lease but claim the security is entirely separate and pertains only to damage.To further complicate things I decided not to release my house but instead rearranged my life and moved in myself.Help please.


Asked on 3/16/02, 2:31 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Lease termination and security deposits

How much longer was left on the lease? They liable for the entire lease period that, whether they live there or not, provided that you use due dilligence to find a new tenant.

If you find a new tenant, then they are entitled to a refund of unused portion of the security deposit.

Send them an itemized statement of the damages, and the number of months left on the lease, multiplied by the monthly lease rate. Then, subtract the amount of the deposit and tell them they owe the balance, and that you would welcome legal action, because then you could recover the difference.

Then, give them the lawguru web site, and they will get the same answer.

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Answered on 3/16/02, 2:45 pm
Larry Rothman Larry Rothman & Associates

Re: Lease termination and security deposits

You can apply the security deposit toward rent. The tenant would be liable for all rents for the remainder of the lease prior to you moving into the property or rerenting it.

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Answered on 3/19/02, 3:28 pm


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