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  1. #1
    Join Date
    Sep 2009
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    2

    Default Breaking a Lease - Keep Deposit or Return Deposit and Sue

    My question involves landlord-tenant law in the State of: California

    My tenants just broke their lease 6 months into a 12 month lease. I told them they are responsible for all obligations of the lease including rent until the end of the lease term or the unit is re-rented. The unit is still not rented, but they are asking for their deposit back.

    I know they are responsible, I just don't know how I can collect what will be owed to me.

    Do I have to give their deposit back within 21 days according to CA law and then sue for the amount owed as a result of the broken lease, or can I legally withold their deposit to cover some or all of the amount owed?

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Cool Re: Breaking a Lease- Keep Deposit or Return Deposit and Sue

    Read this
    http://www.dca.ca.gov/publications/l...-deposit.shtml

    I interpret the info that you can/should apply their security deposit to the unpaid portion of their rent for the remainder of their lease. But you should read the laws yourself.

  3. #3
    Join Date
    Sep 2009
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    2

    Smile Re: Breaking a Lease- Keep Deposit or Return Deposit and Sue

    Thanks, "Rent+1"

    I take it that as long as I send them notice that I am applying the deposit towards "unpaid rent" for the period of time after they left until I re-rent the unit I am entitled to it. Is that your interpretation?

    Beyond that I would probably have to sue, unless they kindly paid me upon request...but that is unlikely.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Breaking a Lease- Keep Deposit or Return Deposit and Sue

    I take it that as long as I send them notice that I am applying the deposit towards "unpaid rent" for the period of time after they left until I re-rent the unit I am entitled to it.
    That would seem to be the case, yes. Typically, the landlord may withhold the deposit to cover damages and unpaid rent - and they certainly have themselves some unpaid rent.

  5. #5
    Join Date
    Oct 2009
    Posts
    10

    Default Re: Breaking a Lease - Keep Deposit or Return Deposit and Sue

    If you use the deposit as part of the unpaid rent, which is correct, you still have 5 more months to collect unless you re-rent the place. Plus you still need to keep in mind of damages, if any, and how you are going to collect that. You need to take pictures of everything and have a inspection list that they sign when they leave. If they don't show up, send a register letter to them indicating damages and small court to collect back rent and damages. Good luck...

  6. #6
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Breaking a Lease - Keep Deposit or Return Deposit and Sue

    I am telling you that yes, you can hold on to all of it for the collection of unpaid rent. AND I would most certainly mail them (to the forwarding address they sent you for the deposit) a deposit statement stating as such. You are in the right, but cover yourself with the appropriate paperwork.

    Lastly, it should state in your rental agreement that this is procedure. If it doesn't make sure you get a rental agreement where that is a standard clause.

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