Legal Question in Real Estate Law in California

Tenant breaking lease

First time landlords. Tenants moved in 3/5/01 signed a 1 year lease. After 3 months they sent us a letter of lease termination due to a new job in another part of the state. Is it legal for me to keep their $2000.00 deposit (rent is $1600.00) plus ask for an additional $1200.00 (total of 2 months rent)? We made it perfectly clear before they signed the lease that we wanted someone their for a year. The tenant was placing job applications before and after they moved in knowing full well she might get accepted by one of them. Also after they moved in we found out that they lied on their application. They both checked the do not smoke box on the app. But when we were at our old neighbors house for a party we stuck our heads over the fense and saw the husband smoking.

Any input would be appreciated.


Asked on 6/05/01, 7:03 pm

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Tenant breaking lease

The tenant is liable for the entire duration of the lease up until I assume 3/5/3002. Keep all monies owed and sue them for the balance of the lease!!

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Answered on 6/27/01, 5:36 pm


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