Legal Question in Real Estate Law in California

Rental lease

I rented my house to 4 college students. 3 decided to leave and one wanted to keep the lease on his own. My last tenant had not paid me for 2 months rent (Family of a good friend) and then broke the 1 year lease 8 months into the contract and moved out. I have been unable to rent the property for the last month. I'm taking him to small claims already for the back rent plus late fee's. What are my monetary rights?

Is he responsible for the months I am unable to rent the property? Does he wave his deposit? He also left the house a mess and the yard is pretty much dead.


Asked on 10/18/07, 3:05 pm

2 Answers from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Rental lease

I agree with Mr. Whipple. Follow his advice.

Read more
Answered on 10/19/07, 7:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Rental lease

You are entitled to all of your lost rent, provided you have made reasonable efforts to mitigate your losses by re-renting, and were unable to do so.

The deposit can be applied to lost rent and to repairs caused by the tenant's negligence or intentional acts, but not ordinary wear and tear. Any surplus must be refunded, and you should mail the tenant an accounting as soon as possible, even if there is no refund.

Read more
Answered on 10/18/07, 4:42 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California