Tenant Wants to Early Terminate Lease Agreement

[tfaw]

My question involves an eviction in the state of: California, LA County

Tenant going through a divorce and want to exit out early of a multi-year agreement. They are not capable of sub-letting. The spouse still living in the property claims that I will get a 45 days notice before they move out. They are still paying rent.

One instant question is whether I can offset the security deposit for items including my costs of getting a new tenant and for the month(s) that the property goes unrented.

Another instant question is whether the security deposit (net) would be due back to the tenant at the end of the original lease agreement (say two years from now) or 21 days after they vacate the property (say two months from now).

I do intend to conduct best efforts to get a new tenant, but there will naturally be some "down time" because it takes time to clean up the place and then for someone to move in.

[LawResearcherMissy]

One instant question is whether I can offset the security deposit for items including my costs of getting a new tenant and for the month(s) that the property goes unrented.

You may only make deductions from the security deposit for damages to the unit and for unpaid rent. Costs associated with finding a new tenant fall under "cost of doing business", and my not be deducted from the security deposit.

Another instant question is whether the security deposit (net) would be due back to the tenant at the end of the original lease agreement (say two years from now) or 21 days after they vacate the property (say two months from now).

It would be 21 days after they return the keys to you.

[tfaw]

would have thought the logical answer would get back to the wording in the lease agreement.

with respect to the second issue, they will have to sue me before i give them back any money back in advance of the expiration of the agreement. i have enough of deep pocket to burn legal fees to make that happen...

but thanks for the opinion.

[LawResearcherMissy]

Honey, it's not "opinion", it's actually the law. Read here.

Why did you come here if you're just going to do what you want anyway?

[tfaw]

actually that is not the law, i was testing the accuracy and existence of bias on the site as part of a project. expectations were low considering this is a free site. no reason for you to get all snooty as it simply demonstrates unwarranted and unwelcome emotion.

[LawResearcherMissy]

actually that is not the law

Did you read the link? The page provided by the government of the State of California that says:

Under California law, 21 calendar days or less after you move, your landlord must either:

Send you a full refund of your security deposit, or
Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.

The law in question is California Civil Code Section 1950.5(g)(1)

"Project". Uh huh.

[tfaw]

your reliance on a website reference and not actual cases speaks for itself. look like in your mind this is black and white and i'm telling you experience and actual history demonstrates you are incorrect. what i was looking for here in the website was that balance, and it does not exist. no worries on your part, keep relying upon your web research and booklets, i will go back to reality and won't bother you any longer...the project as a fyi is about blogs and the usefulness of them in the context of professional advice and whether regulation would matter or is feasible.

[CPO_MK]

The reliance is on published and codified California law. If you are testing the accuracy of free sites, ensure you actually know what is accurate.

You can do this verification on this state website, which has all 29 Codes...http://www.Leginfo.ca.gov/calaw.html