My renters broke their lease and I am pro-rating the rent and charging them daily until I get renters. They also left an unpaid bill and broken sprinklers.
They keep calling and telling me they will take me to court, but they cheated me out of 3 months' rent if I don't rent the house. They did give me 30 days notice.
I live in California
Linda
2007-02-24 05:08:18 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
The laws vary in different states but if they broke the lease and you still have not rented the place out, I think you are safe in keeping the deposit.
The first thing you need to do is add up how much damage they owe you for, how much rent they owe. Deduct that from the deposit.
My guess is that they are going to end up owing YOU money. 3 months rent is a lot. If you rent the place out before their lease would have ended, you'll have to take that into account though. You can't charge the new tenant and the old tenant rent for the same month.
They are threatening you to try to bully you into paying it back. They would lose in court.
Keep meticulous records of every dime you spend on repairing damage that they caused. You cannot charge them for normal wear and tear.
2007-02-24 05:17:26 · answer #1 · answered by Faye H 6 · 0⤊ 0⤋
Linda, every situation differs with the details, our interpretations and others interpretations of the facts are usually never the same when it comes to these kinds of issues, especially in California where there is a law for just about anything. Knowing that you are providing the facts here as you know them and not knowing the other side it would be for the best if you get the information on how it really does work and what the powers to be say on the issue to that end here are the links you need
STATE’SLANDLORD TENANT ACT: http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=72145723910+1+0+0&WAISaction=retrieve
HUD – Tenant rights in California: http://www.hud.gov/local/ca/renting/tenantrights.cfm
Pamphlet from the State of California on Landlords and Tenants:
http://www.dca.ca.gov/legal/landlordbook/
Private Attorney’s Website on Tenant/Landlord issues: http://www.caltenantlaw.com/
Home owner and renter assistance programs: http://www.ftb.ca.gov/individuals/hra/index.html
All the answers you need are in those links. However I do recommend that whatever course of action you do decide to take, be acknowledged by a legal begal in your area.
Buena Suerte
2007-02-24 05:47:00 · answer #2 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
Since these people have no money, fat chance they will take you to court. Hang up on them. Renters are rats. If you have documents to prove your case, let them take you to court, saves you the filing fee. Before you act all pissy, tell them you will think about it, then ask for their new address in case you do send them a check. THen once you have the address you can have them served if you chose to go after the rest of the money they owe you.
My advice is be glad they are gone, some renters stay and stay andstay and when they do leave they owe you more than they will ever be able to pay.
Run a credit report on the next ones, stnad your ground and good luck.
2007-02-24 05:14:42 · answer #3 · answered by Valerie 6 · 0⤊ 0⤋
If they broke the lease than they are actually legally binded to pay YOU for the remaining term of the lease. Therefore, they will forfeit their deposit. Thoroughly re-read your lease with them though to make sure that they did in fact break the lease and that they did not have the right to leave if they gave proper notice. Hopefully the lease refers to the fact that deposits are forfeited if any terms of the lease are broken.
I rent in Washington and have had 2 renters break lease and they forfeited their deposit. One of them though found a new tenant, so I refunded a portion of their deposit after I covered the cleaning and rekeying expenses.
2007-02-24 05:26:21 · answer #4 · answered by Anonymous · 1⤊ 0⤋
The renters forfeit the money regardless, b/c the lease was for a specified amount of time and they did not fulfill that agreement. This entitles the Landlord to the money to cover for the time and money it will cost to fill another agreement. This is fairly standard in the USA. They also forfeit b/c of the broken equipment. If they do take you to court they would lose b/c if you have proof the judge would rule in your favor.
2007-02-24 05:35:29 · answer #5 · answered by Anonymous · 0⤊ 0⤋
this is as much as you, yet in addition relies upon on the words of the hire. I even have dealt with it the two techniques. in the journey that your tenant became into oftentimes reliable had a good reason to break the hire and gave you an excellent sort of observe that's recommended to return some or all the deposit, IF the unit became into left in good undertaking. notwithstanding, in the event that they led to harm or the unit became into no longer wiped sparkling you would be completely justified in preserving the entire deposit. of direction deduct the fee of promoting and looking out a clean tenant. you have a criminal rfile which you're entitled to enforce. study the hire, and spot what you the two agreed to.
2016-10-01 22:09:37 · answer #6 · answered by ? 4 · 0⤊ 0⤋
CAUTION....CAUTION....CAUTION
Get to a lawyers office fast......Even if they broke the lease..you must give them an explaination of why you are retaining their Security...usually within 30 days or you are subject to losing your rights to keep it and face triple damage peanalties!
But I am not a lawyer and laws and regulations change from state to state.
Usually, here, in NJ if a tenant breaks a lease they allow you to keek 1 months rent plus expenses to try and rerent it out...and any damage and bills of course...but you must send them a certified letter explaining that within 30 days or you lose your rights to the money...
Good luck..
2007-02-24 05:35:24 · answer #7 · answered by Real Estate Para Legal 4 · 1⤊ 0⤋
If they broke the lease then they forfeit their deposit, especially with an unpaid bill and damages.
2007-02-24 05:17:27 · answer #8 · answered by kmv 5 · 1⤊ 0⤋