When Does a Landlord Have to Account for Deductions if a Tenant Breaks the Lease

[pwrpcman]

My question involves a security deposit in the State of: California, moved in January 1'st with a 1 year lease - I ended up having to move took a new job by July - Spoke with the prop. manager and said he'd try and get it re rented. I gave him notice June 16th I returned the keys to him on the 22nd of June when we did the walk thru - he said the place was perfect - It should be I invested about $1000 in re-painting and put in vinyl flooring in the laundry room - i didn't expect to be reimbursed for that and fully intended to remain there for more then 2 years. And have plenty of pictures to show before and after.

When i turned in my notice (via email) also forward him emails from 3 prospective tenants from an ad I placed on craig's list - even added $100 to the price of the rent (seemed appropriate for the current market) during move out 2 of three parties visited to tour the place - and all were extremely interested.
I asked him on the 22 if I should re list the ad again and post pictures to get someone by July 1st - he said no he'd take care of it.

I drove by the place a few times and there was never a for rent sign posted. And another unit around the block had one ( different owner ) and was in worse shape and was $500 more expensive.

On July 28 by email I was send a letter from the manager stating that someone has taken possession of the unit as of July 28, and there for he is charging me 28 days of rent and a "15% New Tenant Placement Fee" and so now states I owe him about $68 - According to my research CA Code is 21 days from the date I surrender possession he is to deliver an accounting - (by certified mail?)

By my calendar he should have sent me a notice by the 13th of July - from the date I move out or 21 days from the 30days following my notice?

Also because he added a 15% fee any judge would throw the book at him regardless of me breaking lease because failure to timely notification statues I should be entitled to my full deposit possibly double the deposit? My deposit is $1275

Thanks for your advice.

[SChinFChin]

My question involves a security deposit in the State of: California, moved in January 1'st with a 1 year lease - I ended up having to move took a new job by July - Spoke with the prop. manager and said he'd try and get it re rented. I gave him notice June 16th I returned the keys to him on the 22nd of June when we did the walk thru - he said the place was perfect - It should be I invested about $1000 in re-painting and put in vinyl flooring in the laundry room - i didn't expect to be reimbursed for that and fully intended to remain there for more then 2 years. And have plenty of pictures to show before and after.

When i turned in my notice (via email) also forward him emails from 3 prospective tenants from an ad I placed on craig's list - even added $100 to the price of the rent (seemed appropriate for the current market) during move out 2 of three parties visited to tour the place - and all were extremely interested.
I asked him on the 22 if I should re list the ad again and post pictures to get someone by July 1st - he said no he'd take care of it.


I drove by the place a few times and there was never a for rent sign posted. And another unit around the block had one ( different owner ) and was in worse shape and was $500 more expensive.

On July 28 by email I was send a letter from the manager stating that someone has taken possession of the unit as of July 28, and there for he is charging me 28 days of rent and a "15% New Tenant Placement Fee" and so now states I owe him about $68 - According to my research CA Code is 21 days from the date I surrender possession he is to deliver an accounting - (by certified mail?)

By my calendar he should have sent me a notice by the 13th of July - from the date I move out or 21 days from the 30days following my notice?

Also because he added a 15% fee any judge would throw the book at him regardless of me breaking lease because failure to timely notification statues I should be entitled to my full deposit possibly double the deposit? My deposit is $1275

Thanks for your advice.

I don't know what your lease says, and normally, the lease governs.

First, with a lease, the tenant is obligated on the rent, and pay rent all the way till the end of the lease, but the landlord is required to mitigate damages. You said it was re-rented as of Jul 28, so with mitigation of damages, you are not required to pay to the end of the lease, all 12 months, BUT, only till Jul 28.

Preumably, you paid thru Jun 30, and from these calculations, there is another 28 days till Jul 28. And because the new tenant is not paying rent before Jul 28, I can't see why the landlord has to lose 28 days of rent due to your job situation. Can you??

With a 12 month lease, just giving notice and handing over the keys does not end all your obligations, unlike a month to month.

As to the re-rent fee, it is probably in the lease. I have landlorded for 30 years, and at one time where I was inexperienced, I once had the bad luck with an apartment where for two years, I had people who leased up, then wound up with a new job, in each case, a few months after, so I had about 5 tenants in 2 years.

What does 5 tenants in 2 years mean?

It means I had to paint, clean, advertise, and being in the big city, it cost me over $200/week for a small ad. I absolutely made no money at all with all he running around, paying fees, cleaning, painting etc. I found it hard to re-rent a place after 4 months without a paint job, in some cases, a partial one, without the place being clean.

What to do??

I told every tenant coming in if they cannot stay over a year, if they have to move before the 12 months, there is is penalty equal to one months rent, and think through it carefully. So people who work for companies who re-located people, and I tell them that their employer should cover the re-rent, or penalty fee. If the relocation is for a new job, well, good luck, and the fee is part of the cost of the new job, but even here, some sharp people even negotiated with their new employer to cover these fees as well.

Some people seemed puzzled when I explain this, and I just tell them that when I rent an apartment, I expect not to run around again for another 12 months at least, and if they can't see this, just rent from another place, where the landlord has nothing better to do.

To me, for all this extra trouble, a 15% fee is a bargain.

As to "for rent signs", I don't see your point. He can have a hundred of them up on the street, with a hundred people come running, but from my experience, people normally move in from somewhere else and they have to give their former landlord 30 days notice, so if you handed you keys over on Jun 22, they found someone, and that person gives notice, finally moves out of their former residence, then Jul 28 sounds just right.

Yes, there are people needing apartments the very next day, and after I do my reference check, I always find that these are people who just got evicted. While I like to help my former tenants as much as possible, loading up my place with deadbeats is not one of them.

And because you terminated the lease, they have to re-rent, they can only determine how much they can deduct from your security only AFTER someone moves in (not when someone say they'll take the place since deals fall through) , the time from when you give notice would not govern. Say they had no luck, and can't rent up till Oct 1, hypothetically possible, how could they write you a letter settling your security in 21 days, if they can't figure out how much you owe till Sep 30. In this hypothetical case, you would even owe the Jul, Aug and Sep rents.

All in all, you got away cheap, very very cheap, based on what could possibly happen.