Legal Question in Real Estate Law in California

Security Deposits with Multiple Tenants

Can it be made a condition of the rental agreement that if one tenant moves out prior to the termination of the lease, she will be in violation of the agreement and will have to forfeit her share of the security deposit? I have run credit checks on both tenants who are about to occupy a rental unit that I co-own in Sacramento. My concern is that if one tenant moves out, the remaining tenant will take it upon herself to find a 'replacement' tenant who may not have sound credit. What is the best way to protect myself legally in the rental agreement with multiple tenants occupying the same unit?


Asked on 1/16/02, 6:23 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Security Deposits with Multiple Tenants

1. Have a clause in the lease that subtenants are not allowed without your written approval, and a lease signed by that person for the remainder of the lease period.

2. That the tenants are jointly responsible for the entire lease, and no security deposit will be refunded until the lease has expired and both tenants have moved out.

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Answered on 1/16/02, 7:07 pm


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