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haliikai
Jan 30, 2010, 12:04 PM
We are the landlords for a condo in Solana Beach. Our tenant wants to vacate six weeks early due to a job change. We were planning to list the condo for sale when the lease ended, end of March. So we can't really re-rent it for 6 weeks. Is he liable for the 6 weeks of rent after he vacates. We really appreciate your help!

Fr_Chuck
Jan 30, 2010, 03:14 PM
He can not just break his lease, and you can always try to rent on a month to month even if you are selling.

Has he been a good tenant, do you want to be nice and let him out or not

haliikai
Jan 30, 2010, 05:15 PM
Thanks for your help! Really appreciate your advice.

ballengerb1
Jan 30, 2010, 05:33 PM
Agree, he still owes on the lease. Now comes the fun part, he may just leave and then you have to go after him or be satsified with keeping his deposit and what if there are damages that cut into that deposit.

ScottGem
Jan 30, 2010, 05:39 PM
If he's been a good tenant, I would offer a settlement. Maybe 4 weeks instead of 6.

As for losing rent, a landlord has to take into account that the property may be vacant for awhile.

haliikai
Jan 30, 2010, 05:59 PM
Agree, he still owes on the lease. Now comes the fun part, he may just leave and then you have to go after him or be satsified with keeping his deposit and what if there are damages that cut into that deposit.

I'm worried about damages, etc. And he is saying that he can leave 6 weeks early, and if we don't return the deposit he'll take US to court! Not sure this will hold up, though, if we can't really re-rent it due to us putting it on the market.

haliikai
Jan 30, 2010, 06:01 PM
If he's been a good tenant, I would offer a settlement. Maybe 4 weeks instead of 6.

As for losing rent, a landlord has to take into account that the property may be vacant for awhile.

That's a good idea. Initially, he offered two weeks instead of 6.

haliikai
Jan 30, 2010, 06:01 PM
He can not just break his lease, and you can always try to rent on a month to month even if you are selling.

Has he been a good tennant, do you want to be nice and let him out or not

Not sure if I do or not, because he has been a little jerky over everything.

ScottGem
Jan 30, 2010, 06:11 PM
He can't break the lease. If he leaves owing rent, then, as long as you follow CA law in sending him an itemized statement of how you used the deposit, he won't win in court. If the deposit is not enough to cover what he owes, including damages, then you can take him to court.

haliikai
Jan 30, 2010, 06:32 PM
He can't break the lease. If he leaves owing rent, then, as long as you follow CA law in sending him an itemized statement of how you used the deposit, he won't win in court. If the deposit is not enough to cover what he owes, including damages, then you can take him to court.

Thanks for the advice. Our renter is actually a property manager himself, and I think he is bullying us (and our own property manager too)!

LisaB4657
Jan 30, 2010, 06:36 PM
If I were in your position, and in order to make him go away quietly, I would tell him that I'll do a walk-thru with him on the day after he moves out. If there is no damage and the place is in good condition then I'll split it with him and give him a check for his deposit minus 3 weeks of rent.

haliikai
Jan 30, 2010, 06:49 PM
If I were in your position, and in order to make him go away quietly, I would tell him that I'll do a walk-thru with him on the day after he moves out. If there is no damage and the place is in good condition then I'll split it with him and give him a check for his deposit minus 3 weeks of rent.

This may be what happens. Thanks.