Ask Experts Questions for FREE Help !
Ask
    61646166's Avatar
    61646166 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    May 25, 2016, 02:31 PM
    California lease agreement
    My tenant is breaking a one-year lease, moving out in mid-month (the 15th) five months early. She referred a friend who will be the new tenant taking possession on the first of the coming month following her departure on the 15th. She thinks she needs to pay only one-half month rent on the first of the month (from 1st through 15th).

    During the interim two weeks (16th through 30th), I would like to clean and ready the unit for next tenant.

    I take the position she owes the full month as the decision to break the lease is hers. Is this incorrect? Should I advise her the full month rent is due?

    The information would be very helpful and appreciated. Thanks very much for any information provided.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #2

    May 25, 2016, 03:12 PM
    It's going to depend, to some extent on the language of the lease. But in general if, as in this situation, the landlord isn't losing any rent, your friend would be right: she doesn't have to pay from the 1st through the 15th, as the new tenant will be paying that.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #3

    May 25, 2016, 04:24 PM
    Is the original lease being terminated or is this a situation of sublet where the lease will go to term because of the new renter? What language is in the original lease for early termination ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    May 26, 2016, 05:46 AM
    She is responsible for the rental until the end of the lease. However, you can't double dip. So as soon as you accept a new tenant and they start paying rent, her obligation is ended. You did not have to accept her reference for a new tenant, but you do have to make a good faith effort to replace her.

    Have you offered a new lease to the new tenant? Has it been signed? Did you do a background check on the new tenant?

    If she refuses to pay until the new tenant takes possession, then you can take it out of her security deposit, or file suit for the money.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

My landlord renewed our lease for the 4th year by emailing me a lease agreement [ 5 Answers ]

The renewed agreement contained her esignature, I signed it and sent it back. 2 months later she says the agreement isn't valid, she never received it and gave me 30 days to vacate so she can move in. can she do this? I've lived here 4 years

Is there a form for an agreement to extend lease agreement [ 0 Answers ]

California lease agreement laws [ 1 Answers ]

I recently moved out of a condo I had a 0ne year lease on. I gave written notice and phone notice. I did not give a specific date I was moving as I was purchasing a mobile home and had not yet found one. Rent was $1,295 monthly. Security deposit $2,000. Lease from 6/1/09 to 6/1/10. I returned...

California lease agreement laws [ 2 Answers ]

Tenants are on a 6 month lease, at the end of 6 months is it automatically a month to month lease in California

Verbal Lease after written lease agreement - Florida [ 6 Answers ]

I had a signed lease with my renter from March 2006 to October 2006. In September he failed to pay rent due to him trying to get his son from Social Services. We verbally agreed to extend the lease to a month to month basis and him adding an additional $50.00 per month to make up for Septembers...

View more questions Search