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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

Originally Posted by ballengerb1

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

Originally Posted by ScottGem

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

Originally Posted by Fr_Chuck

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

Originally Posted by ScottGem

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

Originally Posted by LisaB4657

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.