Legal Question in Real Estate Law in California

Shortening the lease

As a landlord, I signed a one year lease running until September 15th. My tenant said she would move out by the end of August, and I verbally agreed to shorten the contract and end it on August 31st, expecting to list it for rent immediately and find a new tenant for September 1st. So, she gave me a final check for two weeks. When I visited the place I found out that it is so damaged that there is no way it can be shown to prospective tenants before at least the end of August, so it couldn't be rented before September 15th. I did not cash the check yet, and have decided to not shorten the contract. Can I just return her check and demand full payment until the end of the contract?


Asked on 8/03/02, 9:56 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Shortening the lease

Just to supplement Mr. Snitow's answer, you must provide a written statement of the damages, including the cost of the repairs and the disposition of the security deposit with in 14 days after she vacates the property.

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Answered on 8/06/02, 1:42 am
Martin Snitow

Re: Shortening the lease

How would extending the lease to mid-September help you? You could not repair or show the unit without the tenant's consent until the lease is over. End the lease on Aug. 31 as agreed, fix the unit and charge the damage to the tenant's deposit. The tenant should not be allowed to use the deposit in lieu of last month's rent.

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Answered on 8/04/02, 8:49 am


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